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High Court of Karnataka Quashes Family Court Order Denying Interim Maintenance to Wife and Children in Domestic Violence Case — Held That Maintenance Cannot Be Denied on Ground of Wife's Earning Capacity Without Assessing Actual Income and Needs of Children.

The petitioners, Smt. Shylaja S.R. (wife) and her two minor sons, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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High Court of Bombay at Aurangabad Upholds Maintenance Award to Wife and Minor Children in Criminal Revision Against Family Court Order. Husband's Plea of Wife's Desertion and Inability to Pay Rejected Due to Lack of Evidence Under Section 125 CrPC.

The case involves a criminal revision application filed by Uttam s/o Kisan Pawar (the applicant/husband) against the judgment and order dated 6th Febr...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

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High Court of Karnataka Acquits Accused in POCSO Case Due to Unproven Age of Victim and Inconsistent Evidence. Conviction under Sections 366A, 344, 376(2)(n) IPC and Section 6 POCSO Act set aside as prosecution failed to establish victim's minority beyond reasonable doubt.

The appellant, Anil S/o Bhayrappa Khairav, was convicted by the Additional Sessions Judge, FTSC-I (POCSO), Vijayapura, in Special Case (POCSO) No.15/2...