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Bombay High Court Allows Second Appeal in Partition Suit — Adoption and Hindu Succession Rights Upheld. Plaintiff's 1/2 share in suit properties declared, sale deeds by adopted son held not binding on adoptive mother.

The original plaintiff, Housabai, filed a suit for partition and separate possession of suit lands, claiming a 1/2 share as the widow of her husband w...

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Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...

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Bombay High Court Dismisses Second Wife's Revision in Succession Certificate Dispute. Second Marriage During Subsistence of First Marriage Held Void Under Hindu Marriage Act, 1955, Entitling First Wife to Family Pension.

The case involves a dispute between two widows of the deceased Gangadhar Hiremath regarding entitlement to a succession certificate and family pension...

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Supreme Court Quashes Criminal Proceedings in Stridhan Case Due to Lack of Locus Standi and Inordinate Delay. Father of divorced daughter cannot file complaint for recovery of stridhan when daughter is alive and capable, and marital issues were settled in divorce decree.

The Supreme Court allowed the appeal filed by the former in-laws of the complainant's daughter, quashing criminal proceedings under Section 406 IPC an...

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High Court of Karnataka Dismisses Husband's Appeal Against Restitution of Conjugal Rights Decree — Marriage Not Irretrievably Broken Down. Section 9 of Hindu Marriage Act, 1955 does not require proof of specific withdrawal from society; mere refusal to cohabit suffices.

The appellant-husband, K.S. Siva Das, and the respondent-wife, Dr. K. Lekha, were married on 15.09.2000 at Thiruvananthapuram, Kerala, according to Hi...

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Bombay High Court Allows Wife's Maintenance Claim Despite Private Divorce Document - Right to Maintenance Under Section 125 CrPC Not Waived by Private Agreement. Private divorce document cannot be used to deny maintenance unless marriage is legally dissolved by competent court.

The petitioner, Sangita Wani, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

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Bombay High Court Considers Appeal Against Interim Injunction in Property Dispute Between Mother-in-Law and Daughter-in-Law. Trial Court Restrained Daughter-in-Law from Entering Suit Flat, Allegedly Circumventing Family Court's Order Protecting Her Right to Residence.

The appeal arose from an order dated 19.07.2014 passed by the City Civil Court, Dindoshi, Mumbai, in Notice of Motion No.1959 of 2011 in S.C. Suit No....

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Bombay High Court Dismisses Husband's Appeal Against Permanent Alimony and Residential Accommodation for Wife Under Section 25 of Hindu Marriage Act, 1955. Family Court's Order for Rs.5,000 Monthly Maintenance and Rs.3,00,000 for Housing Upheld as Husband Failed to Show Changed Circumstances.

The appellant husband and respondent wife were married under Hindu law. The Family Court dissolved the marriage by an ex parte decree of divorce under...