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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.

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...

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High Court of Karnataka Quashes Land Tribunal Order for Violation of Natural Justice in Occupancy Certificate Proceedings. Land Tribunal's order set aside as it was passed without notice to petitioners and without considering their objections under the Karnataka Land Reforms Act, 1961.

The petitioners, who are agriculturists, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30.1...

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Karnataka High Court Dismisses Habeas Corpus Petition for Child Custody in International Parental Abduction Case. Father's Petition for Repatriation of Minor Son from India to Germany Dismissed as Habeas Corpus Not Maintainable for Custody Disputes.

The petitioner, Mr. Sankar Viswanathan, a German resident, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution read with Sect...

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Bombay High Court Dismisses Father's Appeal for Custody of Minor Son Under Guardians and Wards Act, 1890 — Welfare of Child Paramount Over Father's Right Under Muslim Personal Law. Custody of minor son 'Umarkhan' retained with mother as father failed to prove his fitness and child's welfare.

The appellant, Imran Khan, filed an appeal against the judgment and order dated 31st October 2015 passed by the Family Court, Nanded, in Petition No. ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Guardianship Dispute — Mother's Application Under Order VII Rule 11 CPC Rejected as Petition Not Maintainable Under Section 9 of Guardians and Wards Act, 1890

The case involves a Civil Revision Application filed by the original non-applicants (petitioners) against the order of the District Judge, Dhule, reje...

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Bombay High Court Sets Aside Ex Parte Custody Order Due to Lack of Proper Service and Remands Matter for Fresh Hearing. Guardian and Wards Act, 1890 — Sections 6, 7 — Custody of minor child — Ex parte order passed without ensuring effective service on respondent mother.

The present appeal arises from a judgment and order dated 28.5.2013 passed by the Judge, Family Court No. 7, Bandra, Mumbai, in Petition No. D-75 of 2...

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Bombay High Court Sets Aside Ex Parte Custody Order for Failure to Conduct Welfare Inquiry Under Guardian and Wards Act, 1940. The court held that the District Judge must conduct a thorough enquiry and interview the child in-camera to ascertain the child's welfare before passing a custody order.

The appellant-wife challenged the judgment and order dated 30.10.2013 passed by the District Judge-1, Akola in M.J.C. No. 29/2013, whereby custody of ...