AI Overview...
- RCR Divorce Pending - Main points and insights:
- Several cases involve divorce petitions that are pending at different stages, often transferred between courts due to jurisdictional issues (02300057386).
- Family Courts have disposed of restitution of conjugal rights and divorce petitions together, sometimes allowing restitution but rejecting divorce, citing procedural irregularities or violation of principles of natural justice (02800001229).
- Pending appeals and re-marriages during the pendency of divorce proceedings are contentious; courts have held that remarriage during such times is unlawful if an appeal against divorce is pending (02300015935, 02300081106).
- Courts have clarified that grounds like irretrievable breakdown of marriage are not explicitly recognized under Hindu Marriage Law for divorce, and delay in proceedings alone does not justify divorce (02300045599, 02300062475).
- Jurisdictional issues are significant, with some cases noting that criminal proceedings and civil divorce petitions can run concurrently in different courts, but the pendency of one can influence the other’s proceedings (02300031500, 02500114107).
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Maintenance obligations under Section 125 Cr.P.C. can persist even during divorce proceedings or appeals, emphasizing that divorce does not automatically terminate such entitlements (02500114107, 02300065346).
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Analysis and Conclusion:
- The pendency of divorce cases significantly impacts related legal matters such as maintenance, remarriage, and jurisdictional authority.
- Courts generally emphasize procedural correctness, adherence to statutory provisions, and the importance of finality in divorce proceedings, often cautioning against remarriage during ongoing appeals.
- There is no legal recognition of irretrievable breakdown as a standalone ground under Hindu Marriage Law, and delays alone do not justify divorce.
- Overall, divorce pending cases are complex, involving multiple legal facets including jurisdiction, procedural fairness, and ancillary rights like maintenance and remarriage. Proper legal procedures and timely disposal are crucial to ensure justice.
References: - Harpreet Kaur Khalsa VS Kawaldeep Singh - Punjab and Haryana - Biplab Dhar VS Panna Saha - Tripura - Sarvjit Kaur VS Daljit Singh - Punjab and Haryana - Roshan Lal VS Veena Rani - Punjab and Haryana - Gurdeep Singh Alias Tota Singh VS Jaspal Kaur - Punjab and Haryana - Amarjit Kaur VS Bhupinder Singh - Punjab and Haryana - Sangita Rani w/o Sanjeev kumar VS Sanjeev Kumar s/o Sh. Manmohan Lal - Punjab and Haryana - Bhiranwan Devi VS Aruna - Punjab and Haryana - Tarun Pandit VS State of U. P. - Allahabad - Krishan Kumar VS Navneet Alias Seema - Punjab and Haryana
Search Results for "Rcr Divorce Pending"
2015 0 Supreme(P&H) 476 • India - Punjab and Haryana
BHARAT BHUSHAN PARSOON
Final Decision: The petition under Section 12 of the Act pending at Patiala was transferred to the District Judge, Amritsar ... Om Prakash Jalan, 2009(1) RCR (Civil) 511 (SC) where a divorce petition pending before Family Court at Cuttack was transferred to Family Court at Jaipur where the wife was residing. Support has also been sought from Smt. Yatna alia Rachna v. Rajesh Jain, 2005(4) RCR (Civil) 299 (P&H). ... Nitin Bhandari and another, 2012(1) RCR (Civil) 506 (SC) wherein it was....
2016 0 Supreme(Tri) 80 • India - Tripura
DEEPAK GUPTA, S.C.DAS
The RCR petition for restitution of conjugal rights and the divorce petition were disposed of together by the Family Court. ... the Family Courts Act - The court allowed the decree for restitution of conjugal rights but rejected the prayer for a decree of divorce ... Issues were not framed in the divorce petition, and the judgment was found to be illegal and violative of natural justice principles ... Here it would be pertinent to mention that the husband filed a petition for divorce on 17.03.2010. The ....
2009 0 Supreme(P&H) 249 • India - Punjab and Haryana
K.S.GAREWAL
The learned Senior Counsel submitted that the applicant had no idea that the appeal was pending although she knew that Daljit Singh had obtained divorce. ... 8. ... Daljit Singh filed the petition for divorce on September 3, 1997. ... 3. ... Daljit Singh had clearly violated the order and the provision of the law which forbids parties to re-marry while an appeal is pending. ... 7. ... The divorce petition filed Daljit Singh was allowed on September 5, 2000, whereupon Sarvjit Kaur filed FAO 143 - M of....
2023 0 Supreme(P&H) 548 • India - Punjab and Haryana
ARVIND SINGH SANGWAN
petitioner alleged that the respondent-wife performed a second marriage during the pendency of an appeal challenging the decree of divorce ... However, till date the same is not decided and is pending. ... Kuljit Singh', 2008(2) RCR (Civil) 929 to submit that where an appeal is filed by one of the spouse within the period of limitation challenging a degree of divorce granted in favour of other spouse and during pending of appeal one of the spouse contract second marriage, it is unlawful under Section 15....
2008 0 Supreme(P&H) 1510 • India - Punjab and Haryana
VINOD K.SHARMA
Final Decision: The court dismissed the appeal, stating that the appellant cannot claim irretrievable marriage as a ground for divorce ... appellant failed to prove the allegations of cruelty and mental retardation, and that irretrievable marriage is not a ground for divorce ... Learned counsel for the respondent also contended that mere delay on account of pending divorce proceedings cannot give right to a party to say that marriage between the parties has irretrievably broken down. ... As regards the claim of the appel....
2006 0 Supreme(P&H) 4470 • India - Punjab and Haryana
VINOD K.SHARMA
Waiving of Statutory Period for Mutual Divorce - Hindu Marriage Act - Section 13-B - 2002 (10) SCC 194, 2005 (4) RCR (Civil) 820 ... , 2005 (2) PLR 584, 2003 (3) RCR (Civil) 72 Fact of the Case: The petitioner sought mutual divorce under Section 13- ... the criminal side since 2000, and the matter had been settled by intervention of the Panchayat through a compromise for mutual divorce ... However, in the said judgment, it was noticed that matrimonial dispute between the parties was pending#H....
2016 0 Supreme(P&H) 2708 • India - Punjab and Haryana
M.JEYAPAUL, TEJINDER SINGH DHINDSA
(A) Hindu Marriage Act, 1955, S.13--Divorce--Irretrievable break down of marriage--High Court as also the trial Court cannot grant ... a decree of divorce on the ground of irretrievable break down of marriage as there is no such provision/ground available under Section ... ... (B) Hindu Marriage Act, 1955, S.13--Divorce--Cruelty--Vague assertions ... The criminal litigation is also pending between them. The marriage has broken down beyond repair.” ... 20. ... Neelu Kohli, 2006(2) RCR 290 wherein the H....
1998 0 Supreme(P&H) 1581 • India - Punjab and Haryana
K.K.SRIVASTAVA
In para 24 of the complaint it was specifically and categorically mentioned that the Court of the Chief Judicial Magistrate, Patiala had the territorial jurisdiction to try and decide the offences the divorce petition and a petition under Section 125, Criminal Procedure Code was also pending at Patiala ... Aruna for the offences punishable under Sections 406, 498-A read with Sections 120-B, 34, Indian Penal Code pending in the Court of Judicial Magistrate 1st Class, Patiala. ... 2. The respondent, Mrs. ... Balwinder Kaur & Ors., 1993 (3)....
• India - Allahabad
SYED AFTAB HUSAIN RIZVI
Maintenance - Jurisdictional Objection, Divorce Decree, Maintenance under Hindu Marriage Act - [125 Cr.P.C ... The court also held that the wife was entitled to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent ... regarding the court's jurisdiction at Gautam Budh Nagar and the applicability of maintenance under Section 125 Cr.P.C. despite the divorce ... No. 2 (wife) has not accepted the amount of alimony as she has challenged the divorce decree in appeal and appeal is pending#HL_E....
2018 0 Supreme(P&H) 1037 • India - Punjab and Haryana
JAISHREE THAKUR
It is argued that the divorce petition filed by petitioner No.3-husband is pending, in which petitioner No.3-husband has been directed to pay a sum of Rs. 9000/- as maintenance to the complainant-wife under section 24 of Hindu Marriage Act, from the date of application, which shall include the amount ... However this court cannot loose sight of the fact that the said order passed under section 24 of Hindu Marriage Act, shall remain in subsistence, only during the pendency of the divorce proceedings. ... Subsequent thereto, petitioner No.3....
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