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Madras High Court Allows Wife’s Appeal in Divorce Case Holding Unsubstantiated Adultery Allegation by Husband Constitutes Cruelty. Subsequent Events Including Adultery Imputation and Long Separation Considered to Dissolve Marriage Under Section 19 of Family Courts Act, 1984.

The appeal arose from a Christian marriage solemnized on 29 December 2003 between Shally Roselin, a teacher, and Aaron Durairaj, a Reverend and corres...

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Bombay High Court Dismisses Husband's Revision, Upholds Enhanced Maintenance Under DV Act for Wife and Minor Son. Maintenance of Rs. 16,000/- per month for wife and Rs. 2,500/- per month for minor son upheld as just and proper considering husband's income and needs.

The case involves a criminal revision application filed by the husband (applicant) challenging the judgment and order dated 17.11.2021 passed by the l...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

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Supreme Court Allows Wife's Appeal in Divorce Case: Filing of False Criminal Complaint Does Not Automatically Constitute Mental Cruelty Under Hindu Marriage Act. High Court's Reversal of Concurrent Findings in Second Appeal Set Aside for Exceeding Jurisdiction Under Section 100 CPC.

The Supreme Court allowed the appeals filed by the wife, Mangayakarasi, against the judgment of the Madras High Court which had dissolved her marriage...

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Bombay High Court Dismisses Husband's Appeal in Divorce Case — Concurrent Findings of No Cruelty or Desertion Upheld. Allegations Under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 Not Proven.

The appellant-husband, Satish Dhudku Halnor, filed a second appeal before the Bombay High Court challenging the concurrent judgment and decree dismiss...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Adultery Based on DNA Test Excluding Paternity. DNA test report conclusively proved that the husband was not the biological father of the child born to the wife, establishing adultery under Section 13(1)(i) of the Hindu Marriage Act, 1955.

The appellant-husband Gajanan Deshpande filed a divorce petition under the Hindu Marriage Act, 1955, alleging that his wife Smita Deshpande committed ...