Thursday, May 1, 2025

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P&H HC held that if wife levels allegations that husband is leading an adulterous life and is unable to prove it, it is cruelty towards husband and he is entitled for decree of divorce

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SC held that though financial resources could play a major role in deciding child custody, it can't be the sole consideration. Father granted custody as he could provide much needed stability for the child.

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Jharkhand HC denied maintenance to wife as husband was willing to keep her w/o any conditions but wife was not ready to live with him

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Karnataka HC ruled that though no claim is made against Adulterer in Divorce proceedings, he should be made necessary party, in whose absence the proceedings can't continue.

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SC said that welfare of minor is primary concern and on the basis of this alone court can grant or refuse custody to mother, father or any other guardian

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Calcutta HC held that magistrate should be able to justify its decision of granting maintenance and there should be a speaking order w.r.t. the same.

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Delhi HC defined the meaning of word 'Ordinarily Resides' and how it is different from "temporary residence' or 'fortuitous residence'

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Bombay High Court quashed the conviction of husband on compromise and divorce between the parties post conviction

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Gujrat HC set aside maintenance order on observation that keeping a poor & unemployed husband in jail indefinitely can't serve any purpose when there is no other ways of executing maintenance.

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HP HC dismissed a Divorce Petition as Adulterer was not impleaded as a party. Victims attempting to file such petition should read this judgment for pitfalls to avoid in Divorce proceedings

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