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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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High Court of Karnataka Reserved Judgment on Quashing of Criminal Proceedings in Matrimonial Disputes Involving IPC and Dowry Prohibition Act Offences. Cross-Complaints Alleging Cruelty and Theft Filed by Husband and Wife Respectively Under Section 498A IPC and Section 3 of Black Magic Act, 2017.

The matter comprises three interconnected petitions before the High Court of Karnataka arising out of a matrimonial dispute. In Criminal Petition No.9...

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Supreme Court Quashes FIR in Rape Case Due to Consensual Relationship Over 10 Years. Long-Standing Relationship Without Complaint Indicates Consent, Not Rape Under Section 376 IPC.

The Supreme Court allowed the appeal filed by Mahesh Damu Khare against the order of the Bombay High Court which had dismissed his petition under Sect...

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High Court of Karnataka Dismisses Wife's Appeal in Divorce Case Due to Lack of Proof of Cruelty. Allegations of Mental Cruelty Under Section 13(1)(i-a) of Hindu Marriage Act, 1955 Not Substantiated; Family Court's Dismissal of Divorce Petition Upheld.

The appellant-wife filed an appeal under Section 19(1) of the Family Courts Act, 1984, challenging the judgment dated 01.04.2022 passed by the Princip...

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Supreme Court Allows Transfer of Divorce Petition from Karnataka to Maharashtra for Convenience of Wife. Transfer Granted Under Section 25 of Code of Civil Procedure, 1908 Due to Wife's Hardship from Distance, Lack of Companionship, and Language Barriers in Contesting Case in Karnataka.

The background of the dispute involved a matrimonial conflict between a husband and wife who married in December 2020 after meeting on Facebook. The w...

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Supreme Court Dismisses Appeal in Kidnapping and Compelled Marriage Case Under IPC. Conviction upheld under Sections 366, 343, 323 and 506 IPC as prosecution proved forcible abduction of minor victim with intent to compel marriage, supported by victim testimony and school records establishing age.

The appeal arose from a criminal case where the appellants were convicted for kidnapping a woman with intent to compel marriage and related offenses. ...

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High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree on Ground of Cruelty Under Section 13(1)(i) of Hindu Marriage Act, 1955. Marriage Dissolved as Wife's Conduct of Filing False Complaints and Making Unfounded Allegations Constituted Mental Cruelty.

The appellant-wife, Smt. K. C. Saritha, filed an appeal under Section 19(4)(1) of the Family Courts Act, 1984, challenging the judgment and decree dat...

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Bombay High Court Dismisses Wife's Appeal Against Divorce Decree for Non-Resumption of Cohabitation. Court Upholds that Wife's Refusal to Join Husband in USA and Inaction on Restitution Decree Justifies Divorce Under Section 13(1A)(ii) of Hindu Marriage Act, 1955.

The appeal arose from a matrimonial dispute where the wife challenged the Family Court's decree of divorce granted to the husband on the ground of non...