Search Results for "valid marriage"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "valid marriage"

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Supreme Court

Supreme Court Upholds Petitioner in IPC Marital Rape Exception Challenge; Declares Exception 2 to Section 375 IPC Unconstitutional for Girls Aged 15-18. The Court Held That the Exception Violates Articles 14, 15(3) and 21 of the Constitution by Discriminating Between Married and Unmarried Girls and Disregarding Child Marriage Prohibition.

1 Aug 2026

The writ petition under Article 32 of the Constitution was filed by Independent Thought, a child rights society, challenging Exception 2 to Section 37...

High Court

Bombay High Court Allows Compassionate Appointment to Son Born from Second Marriage Despite Invalidity Under Hindu Marriage Act. Section 16 of Hindu Marriage Act, 1955 Deems Child Legitimate, Entitling Him to Compassionate Appointment.

21 Feb 2019

The petitioner, Yuvraj Dajee Khadake, sought compassionate appointment after his father, an employee of the Central Railway, died in harness on 12 Aug...

High Court

High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree on Ground of Cruelty Under Section 13(1)(i) of Hindu Marriage Act, 1955. Marriage Dissolved as Wife's Conduct of Filing False Complaints and Making Unfounded Allegations Constituted Mental Cruelty.

25 Oct 2019

The appellant-wife, Smt. K. C. Saritha, filed an appeal under Section 19(4)(1) of the Family Courts Act, 1984, challenging the judgment and decree dat...

High Court

High Court of Karnataka Dismisses Petition for Appointment as Civil Judge Due to Disqualification Under Rule 5(2) of Karnataka Civil Services (General Recruitment) Rules, 1977 — Marriage to a Married Man with Living Spouse Renders Candidate Ineligible for Judicial Service.

16 Jan 2013

The petitioner, Smt. Radharani Mahadev Kolambe, an advocate, applied for the post of Civil Judge (Junior Division) pursuant to a notification dated 1s...

High Court

Karnataka High Court rules that a wife's failure to join husband after a decree for restitution of conjugal rights is not automatically voluntary desertion barring maintenance under Section 125(4) of the Code of Criminal Procedure, 1973. The court holds that the right to maintenance under Section 125 Cr.P.C. is a social welfare measure and cannot be defeated solely by the existence of a civil decree for restitution when the wife alleges cruelty.

23 Feb 2024

The judgment arises from three revision petitions filed by wives whose claims for maintenance under Section 125 of the Code of Criminal Procedure, 197...

High Court

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.

15 Jul 2026

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...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit Based on Hindu Widow's Remarriage Act, 1856 — Uterine Brother Cannot Claim Share Through Mother Who Remarried. Section 2 of the Hindu Widow's Remarriage Act, 1856 divests a widow of all rights in her deceased husband's property upon remarriage, and a child born from the second marriage cannot claim inheritance through the mother from the first husband's estate.

9 Apr 2024

The present appeal arises out of a suit for partition instituted by Thiyyer Kunnath Meethal Chandu (Chandu) claiming 8/20 shares in a suit property si...

High Court

Bombay High Court Allows Appeal in Family Court Case — Sets Aside Decree Declaring Marriage Null and Void for Lack of Jurisdiction. Family Court lacked jurisdiction to declare marriage null and void under Section 7(g) of Family Courts Act, 1984 read with Section 151 CPC as no specific provision for such declaration exists.

15 Dec 2020

The appeal arises from a judgment and decree passed by the Family Court No. 4, Nagpur in Petition No. B-30/2012, which declared the marriage between t...

High Court

Bombay High Court Allows Transfer of Matrimonial Petition from Jalgaon to Aurangabad on Grounds of Wife's Convenience and Safety. Wife's Convenience and Safety Given Paramount Consideration Under Section 24 CPC in Transfer of Hindu Marriage Petition for Annulment.

21 Mar 2013

The applicant wife filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition N...

High Court

Bombay High Court Allows Family Pension to Second Wife in Absence of Valid Divorce or Proof of First Marriage Subsisting at Time of Second Marriage — Presumption of Marriage Under Section 114 of Indian Evidence Act, 1872 Applied. The court held that long cohabitation raises a presumption of marriage, and the burden to rebut it lies on the state, which was not discharged.

16 Feb 2022

The petitioner, Smt. Shamal Mahadeo Tate, filed a writ petition before the Bombay High Court seeking family pension as the second wife of the deceased...

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