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Bombay High Court Quashes Senior Citizens Tribunal Order Directing Son to Vacate Flat and Pay Maintenance to Mother — Tribunal Exceeded Jurisdiction Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by Deciding Title and Granting Possession Without Proper Inquiry.

The petitioners, Hemant Gamanlal Mehta and his wife Heena Hemant Mehta, challenged an order dated 28 July 2022 passed by the Sub Divisional Officer, E...

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Bombay High Court Quashes Eviction Order Under Senior Citizens Act — Tribunal Cannot Order Eviction Under Section 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Remedy of eviction is not provided under the Act; only maintenance and protection can be ordered.

The petitioners, son and daughter-in-law of respondents 2 and 3, challenged an order dated 21.01.2020 passed by the Tribunal constituted under Section...

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Bombay High Court Quashes Eviction Order Passed by Senior Citizens Tribunal Against Non-Relative Tenant. Tribunal Lacked Jurisdiction as Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Does Not Empower Tribunal to Adjudicate Possession Disputes Between Senior Citizen and Stranger.

The dispute arose from an application filed by a 75-year-old senior citizen (respondent No.1) before the Tribunal constituted under Section 7 of the M...

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High Court of Karnataka Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion — Allegations Not Proved Under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955. Wife's temporary stay at parental home and filing of maintenance petition do not constitute cruelty or desertion.

The appellant-husband, Shri Amit, filed a petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, seeking dissolution of his marr...

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High Court of Bombay Upholds Maintainability of Application Under Section 20 DV Act in Specific Relief Act Suit; Relying on Section 26, Court Holds Such Monetary Relief Can Be Sought in Any Pending Legal Proceeding

The dispute arose from a matrimonial conflict between the husband and wife, married in 1997, with two children. The wife had filed Petition B No.2/201...

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Bombay High Court Restores Maintenance to Wife Despite Adultery Allegation — Cancellation of Maintenance Requires Proof of Adultery at the Time of Claim, Not Past Divorce Decree. Family Court's Reliance on Divorce Decree and Witness Testimony Held Insufficient to Prove Adultery Under Section 125 CrPC.

The petitioners, Laxmi Dnyanadeo Netke (wife) and her minor son Vikas Dnyanadeo Netke, challenged the common order dated 17.7.2014 passed by the Famil...

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Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

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Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Customary Divorce Not Proved. Wife entitled to maintenance as husband failed to prove valid customary divorce or that wife was living in adultery.

The applicant, Sau. Ashabai Himmatrao Junghare, filed a criminal revision application challenging the order of the Additional Sessions Judge, Achalpur...