Search Results for "Matrimonial reliefs"

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Search Results for "Matrimonial reliefs"

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High Court

Bombay High Court Quashes FIR Against Husband and Mother-in-Law in Dowry Harassment Case Due to Lack of Specific Allegations. Vague and omnibus allegations in matrimonial dispute cannot sustain criminal proceedings under Sections 498A, 406 IPC and Dowry Prohibition Act.

22 Jun 2023

The judgment pertains to two connected matters: Criminal Application No.488 of 2020 filed by Hemant Dhirajlal Banker (husband) and Interim Application...

High Court

Bombay High Court Allows Husband's Petition in Maintenance Conflict Between Section 125 CrPC and Domestic Violence Act — DV Act Order Prevails Over CrPC Order. The Court held that the order under the Protection of Women from Domestic Violence Act, 2005, being a beneficial legislation, overrides the order under Section 125 of the Code of Criminal Procedure, 1973.

10 Oct 2017

The case involves two counter petitions filed by a husband and wife in matrimonial proceedings. The wife had filed a petition under Section 125 of the...

High Court

Bombay High Court Quashes DV Act Proceedings for Lack of Domestic Relationship — Interim Maintenance Set Aside. Marriage Without Cohabitation in Shared Household Does Not Constitute Domestic Relationship Under Section 2(f) of Protection of Women from Domestic Violence Act, 2005.

15 Dec 2016

The petitioners, Dr. Akshay Lakhotiya, his father Navalkishor, and mother Kiran, filed two criminal writ petitions challenging proceedings under the P...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Interim Maintenance to Wife Under Domestic Violence Act. Court upholds maintenance order holding that wife's earning does not absolve husband's obligation to maintain under Section 20 of Protection of Women from Domestic Violence Act, 2005.

5 Aug 2019

The petitioner, Akhtar Jafar Bagwan, challenged the order of the Judicial Magistrate First Class, Cantonment Court, Pune, dated 27 March 2017, which d...

High Court

Bombay High Court Allows Wife's Maintenance Claim Under Section 125 CrPC, Restoring Magistrate's Order of Rs. 3000 Per Month. Sessions Court's Reduction Set Aside as Unjustified Given Husband's Income and Assets.

13 Sep 2019

The petitioner, Anita Dashrath Dolare, filed a writ petition challenging the order of the Additional Sessions Judge, Solapur, dated 09.04.2018, which ...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Finding of Joint Family Property and Rejects Claim of Prior Partition. The court held that the suit properties were ancestral joint family properties and that the alleged prior partition was not proved, thereby affirming the decree for partition and separate possession.

6 Jun 2025

The case involves a dispute over partition of properties claimed to be ancestral joint family properties. The appellants (plaintiffs) filed a suit for...

High Court

Bombay High Court Quashes FIR in Dowry Harassment Case Due to Settlement and Lack of Territorial Jurisdiction. The court held that where parties have amicably settled matrimonial disputes and obtained divorce, and the police station lacks territorial jurisdiction, FIR under Sections 498-A, 420, 406, 448, 504, 506 IPC read with Section 34 IPC can be quashed under Section 482 CrPC.

1 Aug 2019

The applicants (husband, in-laws, and sister-in-law) filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...

High Court

Bombay High Court Dismisses Petition to Quash Domestic Violence Proceeding, Holding Prima Facie Case of Domestic Violence Made Out. The Court Applied Bhajanlal Parameters and Found Allegations of Physical and Mental Abuse Sufficient to Establish Domestic Relationship and Shared Household Under the Protection of Women from Domestic Violence Act, 2005.

19 Jul 2018

The dispute originated from a matrimonial domestic violence complaint filed by respondent no.2, the widow of the petitioners' son and brother, who had...

High Court

Bombay High Court Allows Transfer of DV Act Proceedings to Family Court for Clubbing with Divorce Petition - Emphasizes Avoidance of Multiplicity and Conflict of Decisions. The court held that the wife's right to choose forum under the DV Act is not absolute and that transfer under Section 24 CPC is justified when common issues arise between matrimonial proceedings.

4 Sep 2024

The applicant husband filed a Miscellaneous Civil Application seeking transfer of a complaint filed by the respondent wife under the Protection of Wom...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Husband and Manager in Matrimonial Dispute — Lack of Prima Facie Case for Criminal Breach of Trust and Cheating. Complaint Alleging Misappropriation of Stridhan and Fabrication of Documents Fails as Dispute is Essentially Civil in Nature, Not Attracting Sections 406, 420, 465 IPC.

6 Aug 2024

The petitioners, accused No.1 (husband) and accused No.2 (manager of the husband's company), filed a criminal petition under Section 482 CrPC seeking ...

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