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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

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Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

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Bombay High Court Quashes FIR Against Advocate in Sexual Harassment Case Due to Lack of Prima Facie Case Under Section 354A IPC. Mere sending of messages and a proposal without physical contact or explicit demand for sexual favour does not constitute sexual harassment under the Indian Penal Code.

The petitioner, an advocate, sought quashing of FIR No.570 of 2019 registered at Cidco Police Station, Aurangabad, under Sections 354A, 354D, 506, 509...

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Bombay High Court Directs Passport Authority to Accept Application in Adopted Child's New Name — Adoption Valid Under Hindu Adoption and Maintenance Act, 1956. Passport Authority Cannot Refuse Application Based on Name Change After Valid Adoption, as Adoption Deed is Sufficient Proof of Name Change.

The petitioner, Jigna Mahesh Dedhia, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the passport authorit...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster.

The case involves a family dispute over property among siblings. The appellants, who are co-owners of the suit property, filed a suit for partition an...