Search Results for "Subsisting first marriage"

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Bombay High Court at Goa Allows First Wife's Claim for Family Pension Over Invalid Second Marriage. Second Marriage Contracted Without Consent During Subsistence of First Marriage Held Void Under Goa Family Laws and Civil Service (Conduct) Rules, 1964.

The petitioner, Mrs. Banu Shaikh, filed a writ petition before the Bombay High Court at Goa seeking family pension as the legally wedded wife of the d...

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Bombay High Court Dismisses Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage.

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriag...

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Bombay High Court Allows Husband's Appeal for Nullity of Marriage Under Section 11 of Hindu Marriage Act, 1955 Due to Wife's Subsisting Marriage. Wife's Appeal for Maintenance Dismissed as Marriage Void Ab Initio.

The case involves two cross-appeals arising from a judgment of the Family Court, Aurangabad, in Petition No. B-1/2010. The husband, Dheeraj Patil, fil...

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Supreme Court Denies Permanent Alimony to Spouse of Void Marriage Under Hindu Marriage Act. Sections 24 and 25 of the Hindu Marriage Act, 1955 Do Not Apply to Marriages Declared Void Ab Initio Under Section 11.

The Supreme Court of India considered a reference regarding conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 19...

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Supreme Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Remands for Fresh Consideration of Section 24. Marriage Void if Prior Spouse Alive at Time of Marriage, Irrespective of Fraud or Limitation Under Section 25.

The appellant-wife married the respondent-husband on 5 April 2010 under the Special Marriage Act, 1954. The marriage was inter-caste. The appellant al...

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Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

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Bombay High Court Allows Maintenance to Second Wife in Section 125 CrPC Case Despite Void Marriage Due to Husband's Deception. Husband Cannot Deny Maintenance on Ground of Invalidity of Marriage When He Concealed Prior Marriage.

The petitioner, Mrs. Alka Bhausaheb Bhad, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the judgment and o...

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Bombay High Court Upholds Maintenance for Wife Under DV Act Despite Husband's Claim of Invalid Marriage — Second Marriage Valid as Customary Divorce from First Husband Proved

The case involves a criminal writ petition filed by Subhash Pralhad Chaware and five others (petitioners) challenging the judgment and order of the Ju...