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High Court Quashes FIR in Criminal Petitions Under BNSS, 2023 Due to False Allegations of Physical Relationship on Pretext of Marriage. Petitioners Acquitted as Proceedings Deemed Abuse of Process

The High Court of Karnataka heard two criminal petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to quash a...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Reverses Trial Court's Dismissal of Suit for Partition and Separate Possession. Court Holds That Plaintiff Proved Joint Family Status and Entitlement to Share in Suit Properties, Directs Preliminary Decree for Partition.

The appellant, Sri. Chandrashekar S/o Channabasanagouda Harti, filed a suit for partition and separate possession of suit schedule properties against ...

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Bombay High Court Allows Transfer of Restitution of Conjugal Rights Petition from Kolhapur to Vasai on Grounds of Wife's Medical Condition and Convenience. Wife's autoimmune disease and pending divorce and DV proceedings at Vasai weighed in favour of transfer under Section 24 CPC.

The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Petition No.167 of 2021 filed by th...

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Bombay High Court Allows Transfer of Divorce Proceedings from Nashik to Jaysingpur on Grounds of Wife's Convenience and Hardship. Wife's medical condition, lack of income, and responsibility for school-going daughter considered sufficient cause for transfer under Section 24 CPC.

The applicant-wife, Mrs. Priyanka Rahul Patil, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking ...

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Supreme Court Quashes Criminal Complaint in Bigamy Case Under Section 482 CrPC Due to Abuse of Process. Family Court's Binding Finding That Accused Had No Prior Subsisting Marriage Renders Complaint Under Sections 494 and 495 IPC Meritless, Preventing Reagitation of Decided Issue.

The appeal arose from a judgment of a Single Judge of the Gauhati High Court dated 4 April 2018, which dismissed an application under Section 482 of t...

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Karnataka High Court Dismisses Husband's Appeal in Divorce Case Due to Lack of Fraud or Cruelty. Allegations of Pre-Marital Assurance and Non-Consummation Do Not Constitute Grounds for Annulment or Divorce Under Sections 12(1)(a) and 13(1)(ia) of Hindu Marriage Act, 1955.

The appellant-husband, Kiran C., filed a petition under Section 12(1)(a) read with Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking annulmen...

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Bombay High Court Allows Transfer of Divorce Petition from Panvel to Aurangabad for Wife's Convenience. Wife's Residence and Safety Considered Paramount Under Section 24 CPC in Matrimonial Transfer Application.

The applicant wife filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage P...

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Bombay High Court Dismisses Husband's Divorce Appeal in Goan Marriage Dispute — Abandonment of Conjugal Domicile Not Proven. Wife's Refusal to Live with Husband's Family Does Not Amount to Desertion Under Section 10 of the Portuguese Civil Code, 1867.

The appellant-husband and respondent-wife, both Goan, married on 22.2.1977 and had two children born in Goa. The husband, a seaman, filed a suit on 10...