Sunday, May 19, 2024

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Supreme Court held that events subsequent to filing of divorce can also be taken in consideration while deciding divorce application.

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Karnataka HC held that mere taking away the custody of children away from mother does not attract 498A. Proceedings initiated quashed.

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Bombay HC held that if husband obtains decree of divorce on the grounds of Adultery, he need not prove his grounds again for cancellation of maintenance us CrPC 125. Maintenance order dismissed.

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P&H HC held that if wife contracts second marriage while first husband is very much alive, such marriage is patently illegal and null and void.

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Calcutta HC held that if compensation (Rental) for alternate accomodation is provided the wife can not enforce right of residence in any particular property.

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Kerala HC held that if magistrate does not hold territorial jurisdiction to try an offence, the same shall not be entertained by him, it should be returned to the complainant to be filed in appropriate jurisdiction.

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Jharkhand HC held that if wife gets maintenance under two sections, she is entitled to get only the higher amount.

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P&H HC held that if wife was medically found to be of moderate retardation and due to the conduct husband suffered, who thereafter taken away by her parents. Both grounds of Cruelty and Desertion are proved.

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Delhi HC held that if woman is in pre-existing marriage, there can not be any intercourse based on promise to marry. Fraud for consent can not be proved in such circumstances. Accused Acquitted.

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Delhi HC held that if woman has stayed with husband for a long long time and then alleges maltreatment and dowry demand, the same has to be looked with circumspection. 498A quashed.

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