Search Results for "divorced parents"

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Search Results for "divorced parents"

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High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Child Custody, Holds That Custody Orders by Foreign Courts Are Not Enforceable Through Habeas Corpus When Children Are Not Illegally Detained. The court ruled that the proper remedy for custody disputes is before the Family Court under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956, and not through habeas corpus.

22 Feb 2018

The petitioner, Pavan Srikanth Reddy, filed a writ of habeas corpus through his GPA holder seeking custody of his two minor children from his ex-wife,...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Maintenance Order Under Section 125 CrPC — Husband's Plea of No Income Rejected as Wife Entitled to Maintenance Despite Earning Capacity. The court held that the husband's capacity to earn is relevant, not actual income, and the wife's own income does not absolve the husband from liability.

8 Feb 2018

The petitioner, Bhagwat Pitambar Borse, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order dated 23.0...

High Court

Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

7 Feb 2024

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

High Court

Bombay High Court at Goa Allows Writ Petition of Minor Child Seeking Passport Renewal — Citizenship by Birth Not Lost Due to Mother's Foreign Nationality. Passport Cannot Be Denied to Indian Citizen on Ground of Single Parent Being Foreign National Under Passports Act, 1967.

28 Aug 2024

The petitioner, a minor girl aged about 16 years, was born on 27.10.2007 in Margao, Goa, India, to Indian parents. Her parents married in Goa in 2007....

High Court

High Court of Karnataka Dismisses Husband's Petition to Quash Maintenance Order Under Domestic Violence Act — Interim Maintenance of Rs. 3,000 Per Month Upheld. Husband's Claim of No Income Rejected as Able-Bodied Person Capable of Earning Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

17 Feb 2022

The petitioner-husband and respondent-wife were married on 13.04.2001. Marital discord led the wife to file a petition under Section 12 of the Protect...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. Co-mortgagors' Right to Redeem Mortgage Property Upheld Under Mortgage by Conditional Sale Deed Dated 15th April 1971.

18 Mar 2005

The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1,...

High Court

Bombay High Court Allows Landlord's Eviction Petition in Rent Control Case — Tenant's Use of Residential Premises for Creche Constitutes Change of User and Nuisance. Running a creche in a residential tenancy amounts to change of user and nuisance, justifying eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 May 2013

The original plaintiff, Smt. Sudha Sumant Barve (since deceased, represented by legal heirs), owned the ground and first floor of Shrikrupa Building i...

High Court

High Court of Karnataka Allows Wife's Petition in Maintenance Dispute Under Section 125 CrPC — Sets Aside Sessions Judge's Order That Had Reversed Magistrate's Maintenance Award. The Court Held That a Wife's Right to Maintenance Under Section 125 CrPC Is Not Barred by Pendency of a Civil Suit for Maintenance Under Hindu Adoption and Maintenance Act, 1956.

1 Jul 2016

The petitioner, Smt. Channamma @ Neelamma, wife of the respondent Kallahalli Suresh, filed a criminal petition under Section 482 CrPC before the High ...

High Court

Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

18 Dec 2025

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

High Court

Bombay High Court Dismisses Husband's Petition Under Section 482 CrPC Challenging Refusal of Stay in Maintenance Revision. The Court Held That an Order Refusing Stay Is Interlocutory and Cannot Be Challenged Under Inherent Powers, and the Wife's Application Under Section 125 CrPC Is Maintainable Despite Denial of Marriage.

18 Sep 2006

The applicant, Pankajkumar Chimanlal Bhatt, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging ...

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