petitioner-Shayara Bano, has approached this
Court, for assailing the divorce pronounced by her husband –
Rizwan Ahmad on 10.10.2015, wherein he affirmed “…in the
presence ... witnesses saying that I gave ‘talak, talak, talak’,
hence like this I divorce from you from my wife. From this date
there is no relation
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wife's application, judicial separation was granted
under the Indian Divorce Act by the single Judge of the High
Court. The custody ... case,
namely, that the Court cannot make any order under the
Divorce Act , as the daughter had attained majority, and no
guardian could be appointed
criminal proceedings against her husband alleging that they had
obtained decree of divorce by playing fraud upon the court without
realising that in such ... pull on well together because of temperamental
differences and decided to get divorce and, therefore, filed HMA Case
No. 168 of 19.9.2007 before the District
wanted to live with her and as such she should agree
to divorce by mutual consent. The petitioner was shocked and
prayed that ... wanted to
live with him and as such the question of divorce did not
arise. The husband finally told the petitioner that he had
embraced
Preliminary objections were raised by the
respondent that appellant has already been divorced
on 20.8.2004 in accordance with Muslim Law. Thus,
under the provisions ... Muslim Women (Protection of
Rights on Divorce) Act, 1986 (hereinafter referred to
as `Muslim Act'), appellant is not entitled to any
maintenance after
consider the provisions
of s. 3(1) of the Bombay Hindu Divorce Act, 1947, whose
language is in pari material with that
been pregnant by
some one else at the time of marriage.
In divorce cases, the court usually does not decide merely
on the basis ... materials placed before it.
Under the Hindu Marriage Act, 1955 and the Divorce Act,
1869 , the condition for the grant of relief is the
satisfaction
also mentioned about the custody
of the daughter. The petition for divorce by mutual consent
was filed in the Family Court at Bandra, Bombay ... Apart
from other averments, made in the petition for mutual
divorce, in paragraph 8, it was mentioned that Flat No.11 in
Mon-Bijou Cooperative
these differences, parties
executed a post-nuptial agreement and decided to obtain divorce from each other,
sticking to the agreement. Wife refutes having signed ... left USA without joining the
husband for obtaining divorce through a Court in USA. The husband filed a divorce
petition before Superior Court