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High Court of Bombay Transfers Domestic Violence Case to Family Court for Consolidated Matrimonial Proceedings. Overlapping Reliefs Under DV Act and Hindu Marriage Act Justify Single Forum to Avoid Conflict and Duplication.

The matter arose from a matrimonial dispute between the applicant-husband and respondent-wife. The husband filed Miscellaneous Civil Application No. 3...

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Bombay High Court Allows Revision Application in Hindu Marriage Act Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service. Service by affixture without prior attempts at personal service is not sufficient compliance with Order 5 Rule 17 CPC.

The revision applicant, Kishore @ Sundar s/o Rupchand Gujar, filed a Hindu Marriage Petition No. 96 of 2007 seeking divorce from his wife, Archana w/o...

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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 Allows Appeals Quashing Domestic Violence Act Proceedings Against Brother-in-Law in Matrimonial Dispute After Divorce and Settlement. Continuing Criminal Prosecution After Divorce and Agreed Settlement Amounted to Abuse of Process Under Article 142 of Constitution.

The present criminal appeals arose from a common order dated 30.03.2012 passed by the High Court of Andhra Pradesh at Hyderabad, which refused to quas...

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Bombay High Court Allows Condonation of 381 Days' Delay in Filing Appeal Against Divorce Decree — Wife's Ignorance of Ex-Parte Decree Constitutes Sufficient Cause. Delay condoned as wife was unaware of the decree and learned of it only during DV Act proceedings, and no prejudice caused to husband.

The present Civil Application was filed by the applicant-wife seeking condonation of 381 days' delay in filing the Family Court Appeal against the jud...

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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 Quashes Criminal Proceedings in Maintenance Case Due to Civil Court Decree of Divorce — Husband's Complaint for Maintenance Filed After Divorce Decree Not Maintainable Under Section 125 CrPC

The petitioners, including the wife and her relatives, sought quashing of criminal proceedings initiated by the husband (respondent no.1) under Sectio...