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True Colors of a Vile Wife

Tag: HM Act 13(B) – MCD Granted After Settlement

Divya Ganesh Nallur Vs Ganesh Nallur Shivu on 08 Jun 2023

Posted on June 15, 2023 by ShadesOfKnife

A single judge bench of Karnataka High Court held as follows,

From Para 2,

2. Learned Counsel appearing for the Petitioners finds fault with the impugned order contending that in matters like this, the fact that the parties are residing under the same roof, pales into insignificance except for the purpose of territorial jurisdiction. The fact that the spouses are residing in the same premises could not have been a ground for making the order of the kind. Such a flawed reasoning bewilders the Court, to say the least. Such a fact arguably may show the good culture of the spouses who are otherwise at loggerheads. The reason assigned by the Court below for denying relief to the parties constitutes as error of great magnitude apparent on the face of the record.

In view of the above, this Petition succeeds; a Writ of Certiorari issued quashing the impugned Order; matter is remitted to the portals of the learned Judge of the Court below, requesting him to pass a judgment and decree in terms of the Compromise Petition and the report of the Mediator. This is to be done at the earliest.

Divya Ganesh Nallur Vs Ganesh Nallur Shivu on 08 Jun 2023
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Divya Ganesh Nallur Vs Ganesh Nallur Shivu HM Act 13(B) - MCD Granted After Settlement | Leave a comment

Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008

Posted on January 18, 2021 by ShadesOfKnife

Delhi High Court passed this Judgment, critiquing the conduct of a ADJ in a matrimonial case…

124. Here in the present case, the Addl.District Judge without recording the evidence and without going into the allegations and counter allegations made by both the parties, has disposed of this application, which is unwarranted, since all the allegations and counter allegations made in the present proceedings require evidence.
125. Now, the question which arises for consideration as to whether present appeal under Section 28 of Act is maintainable or not. Even assuming for arguments sake that appeal is not maintainable, but revision does lie and this appeal can be treated as revision.
126. When admittedly, civil suit was pending, then there was no occasion for Addl.District Judge to have admitted application under Section 151 CPC for consideration and as such, the order of Addl.District Judge in entertaining application under Section 151 CPC, was patently without jurisdiction.
127. Lastly, the Addl. District Judge has made certain observations about the health of the his predecessor.

128. There was no occasion for Sh.V.K.Khanna, Addl.District Judge, to make such observations.
129. It has nowhere been pleaded by the respondent/applicant in application under Section 151 CPC, that predecessor of Sh.V.K.Khanna, Additional District Judge was not keeping good health or the judgment has not been signed by him.
131. A judicial officer has no authority or jurisdiction to comment upon the functioning and working of judicial officer of same rank, about the competency or physical condition of his successor. 132. Whether an Additional District Judge, who is subordinate to this Court, is competent to discharge his judicial functions or not, that is, for this Court to decide. Sh.V.K.Khanna, Additional District Judge has assumed powers of this Court and has made sarcastic remarks on the functioning, competency and physical condition of his predecessor, Sh.S.C.Mittal, Additional District Judge (since deceased) who was much senior in hierarchy to Sh.V.K.Khanna, Additional District Judge.
133. A judicial officer, has no business or right to compare the signatures of his predecessor on the judicial proceedings which have been made by him in discharge of his judicial functions. More so, when no pleadings whatsoever in respect thereof, have been made by any of the parties. The conduct of Sh.V.K.Khanna, Additional Districut Judge in making the above remarks about the physical conditions and functioning of Sh.S.C.Mittal, Additional District Judge, are highly improper and uncalled for.
137. A copy of this judgment be placed before the Inspecting Judges of Sh.V.K.Khanna, Additional District Judge, for taking appropriate action, against Sh.V.K.Khanna, Additional District Judge for his improper conduct, in making comments against his successor, which are against the judicial ethics and discipline.

Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008

Citations : [2008 AD DEL 9 618], [2008 DRJ 106 651], [2008 DMC 2 503], [2008 SCC ONLINE DEL 1032]

Other Sources :

https://indiankanoon.org/doc/143547006/

https://www.casemine.com/judgement/in/56090c6de4b01497111771c8

https://www.legitquest.com/case/shri-jiten-bhalla-son-of-shri-rk-bhalla-v-ms-gaytri-bajaj-daughter-of-shri-anil/75C31


A challenge to this Order was dismissed at Supreme Court here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Child Custody Given to Father Consent For MCD Disputed HM Act 13 - Divorce Granted to Husband HM Act 13(B) - MCD Granted After Settlement Jiten Bhalla Vs Gaytri Bajaj Judicial Ethics and Conduct of Judicial Officers Judiciary Antics | Leave a comment

Harjinder Singh Vs Rajpal on 17 January, 2018

Posted on August 17, 2019 by ShadesOfKnife

After 22 years of marriage and losing a teenage son, this couple got their wish come true, Mutual Consent Divorce at the cost of 22 lakhs settlement amount!!! Courtesy: Hon’ble Apex Court, despite attempts to find a way to reunite the couple.

Harjinder Singh Vs Rajpal on 17 January, 2018
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Harjinder Singh Vs Rajpal HM Act 13(B) - MCD Granted After Settlement

Shashi Vs Sunny Bhumbla on 9 January, 2012

Posted on March 17, 2019 by ShadesOfKnife

After Perjury proceedings were re-instated by HC here, knife filed a petition to turn RCR filed by husband into a MCD petition and consequently Divorce is granted by High Court of Punjab and Haryana, after paying a settlement amount of Rs.1,25,000/-

Shashi Vs Sunny Bhumbla on 9 January, 2012

Index of Divorce matters here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged HM Act 13(B) - MCD Granted After Settlement Mutual Consent Divorce Shashi vs Sunny Bhumbla | Leave a comment

Divorce Judgments

Posted on April 30, 2018 by ShadesOfKnife

Here is the listing of divorce grant judgments on various grounds as per the Hindu Marriage Act, 1955

NOTE: This will be a running document, meaning, it will be frequently updated with judgments as and when I find them.

Supreme Court Judgments

  1. Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956 [Definition of Desertion]
  2. Dr.N.G.Dastane Vs. Mrs.S.Dastane (1975) 2 SCC 326
  3. Sureshta Devi Vs Om Prakash on 7 February, 1991 [MCD set-aside as consent was obtained fraudulently]
  4. V. Bhagat vs D. Bhagat on 19 November, 1993 [contours of “mental cruelty” defined such that parties cannot reasonably be expected to live together]
  5. Savitri Pandey Vs Prem Chandra Pandey on 8 Jan 2002 [Cruelty defined; Recommended a Time limit of 90 days to file appeal against judgments in cases under HMA resulting in amendment: Act 50 of 2003 The Marriage Laws (Amendment) Act, 2003 on 2003-10-23, whereby Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only]
  6. Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003 [Divorce set-aside for Mental Cruelty and character assassination of husband reasons]
  7. Naveen Kohli Vs Neelu Kohli on 21 March, 2006
  8. Samar Ghosh vs Jaya Ghosh on 26 March, 2007 [deprived of each other’s company and denial of conjugal relationship by the other spouse, with no effort by the respondent/wife to resume matrimonial relationship, is an act of cruelty]
  9. Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 [constantly giving threats of suicide is cruelty]
  10. Vishwanath Vs Sau. Sarla Vishwanath Agrawal on 4 July, 2012
  11. U.Sree Vs U.Srinivas on 11 December, 2012 [False and baseless allegation cause mental cruelty]
  12. K. Srinivas Rao vs D.A. Deepa on 22 February, 2013
  13. Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014
  14. K. Srinivas Vs K. Sunita on 19 November, 2014 [filing of the false complaint against the husband and his family members ‘regarding unsubstantiated allegations of dowry demand’ also constitutes mental cruelty for the purpose of Section 13 (1) (ia) of the Hindu Marriage Act]
  15. Narendra Vs K.Meena on 6 October, 2016 [Separating husband from Parents is ground]
  16. Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 [Guidelines to waive off cooling period of 6 months in MCD cases; The statutory period (of 6 months – 18 months) contemplated under Section 13-B(2) of the Act is directory and that it is open to the Court to exercise discretion]
  17. Harjinder Singh Vs Rajpal on 17 January, 2018 [MCD with 22 lakhs settlement]
  18. Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019 [Filing false cases solid ground for Divorce on the ground of Cruelty]
  19. Mangayarkarasi Vs M Yuvraj on 03 March 2020 []
  20. Amit Kumar Vs Suman Beniwal on 11 Dec 2021 [Further Guidelines to waive off cooling period of 6 months in MCD cases]
  21. N.Rajendran Vs S.Valli on 03 Feb 2022 [Dead Marriage dissolved under power of Article 142 of the Constitution]
  22. Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 [Landmark Judgment on Dead Marriages]
  23. Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 [Landmark Judgment on Dead Marriages]
  24. Kiran Jyot Maini Vs Anish Pramod Patel on 15 Jul 2024 [Interim Maintenance granted in DVC; Marriage terminated under Article 142; Alimony of 2 Crore granted]
  25. Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 [SC: Landmark Judgment on Dead Marriages, since the couple lived together only for 80 days and have lived separately since, multiple litigations against each other and no child, the marriage is dead; Rs.25 Lakhs alimony granted]

 

Andhra Pradesh High Court

  1. Jelakara Chandra Sekhar Vs Nil on 16 Jun 2022 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship]

 

Allahabad High Court

  1. Layak Singh Vs Ekta Kumari on 21 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship]

 

Bombay High Court

  1. Sneha Akshay Garg and Anr Vs Nil on 25 Jul 2024 [Waiting of cooling off period; if conditions in Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 are met]

 

Calcutta High Court

  1. Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008

 

Delhi High Court

  1. Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008 [MCD obtained; 3 years later disputed]
  2. Shalu Ojha Vs Prashant Ojha on 28 Ferbuary, 2019 [Divorce set-aside]
  3. Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 [Long continuous separation; false allegations;Irretrievable Breakdown of Marriage]
  4. Mamta Vs Pradeep Kumar on 05 Sep 2023 [Irretrievable Breakdown of Marriage]
  5. Pallavi Mohan Vs Raghu Menon on 12 Sep 2023 [Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only. For any other cases like Maintenance cases u/s 125 Cr.P.C. the time limit is 30 days only because Parliament did not amend the FC Act yet!]
  6. Deepti Vs Anil Kumar on 19 Sep 2023 [Family Courts cannot grant divorce on ground of Irretrievable Breakdown of Marriage]
  7. Gaurav Nighawan Vs Shweta on 05 Jan 2024 [Cruelty not established but desertion is implicitly established]
  8. Payal Sethi Vs Rohit Sethi on 09 Jan 2024 [repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty; relies on decisions of Apex Court in Mangayarkarasi, K Srinivas, Pankaj Mahajan]
  9. Nikhil Wadhawan Vs Priti Wadhawan on 05 Feb 2024 [Unwarranted interference of the parents and the family members of the respondent in the matrimonial life of the appellant]
  10. Kanwal Kishore Girdhar Vs Seema Girdhar on 28 Feb 2024 [Alleging false adultery and igniting animosity in children towards father is cruelty, valid ground for divorce]
  11. Pramod Vs Umesh at Poonam on 01 Mar 2024 [False and baseless allegation cause mental cruelty]
  12. Shivi Bansal Vs Gaurav Bansal on 16 Jul 2024 [Impleadment of Paramour is not necessary to decide divorce petition on adultery ground]

 

 

Jharkhand High Court

  1. Dr. Pankaj Kumar Vs Prerna on 16 Dec 2020 [Time limit to file appeal against judgments in cases under HMA, SMA is 90 days but not 30 days as prescribed under FC Act]

 

 

Karnataka High Court

  1. Divya Ganesh Nallur Vs Ganesh Nallur Shivu on 08 Jun 2023 (MCD after settlement)
  2. Sushil Daddimani and Anr Vs Nil on 27 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship]
  3. H P Komala Vs N Ravikumar on 29 Jul 2024 (Stay of divorce proceedings until arrears of interim maintenance is paid)

 

Kerala High Court

  1. Vishnudas H. and Anr Vs Nil on 27 Jul 2020 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship]
  2. Arun K.R Vs Arunima T.S on 24 Mar 2025 [Husband Doesn’t Show Interest In Sex, Prefers Only Spiritual Pursuits]

 

 

Madras High Court

  1. R.Natarajan Vs. Sujatha Vasudevan on August 29, 2011

 

Madhya Pradesh High Court

  1. Smt. Sangita Nigam Vs Saurabh Nigam on 22 November, 2017 (Also Desertion ground)
  2. Aarti Vs Kishan Meena on 22 Aug 2024 (Cruelty and Desertion grounds)

 

Patna High Court

  1. Rekha Devi Vs Mahesh Kumar on 16 January, 2018
  2. Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025 [No evidence for mental disorder (schizophrenia) so divorce denied]

 

 

Punjab and Haryana High Court

  1. Shashi Vs Sunny Bhumbla on 9 January, 2012 (MCD with 1.25 lakhs settlement)
  2. Pratham Singh vs Rajesh on 3 December, 2014 (Also Desertion ground)
  3. Jagbir Singh vs Nisha on 11 March, 2015

 

Telangana High Court

  1. Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna on 22 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship]
  2. Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 [Evidence for Divorce in first Marriage, impleadment of a co-respondent, Desertion and status of previous marriage]

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Consent For MCD Disputed HM Act 13 - Divorce Granted to Husband HM Act 13(B) - MCD Granted After Settlement HM Act Sec 14 - No Petition For Divorce Within One Year Sandeep Pamarati Summary Post Work-In-Progress Article | Leave a comment

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