Search Results for "property dispute matrimonial"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "property dispute matrimonial"

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High Court

Bombay High Court Allows Husband's Petition Challenging Maintenance Order, Sets Aside Sessions Court's Order for Lack of Justification for Denial of Maintenance from Date of Application. The court upheld the wife's entitlement to maintenance under Section 125 CrPC but remanded the issue of the date from which maintenance is payable for fresh consideration.

25 Jun 2013

The case involves two criminal writ petitions arising from a maintenance dispute under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). The...

High Court

High Court of Karnataka Allows Revision Petition in Domestic Violence Case — Sets Aside Appellate Order for Lack of Proper Application of Mind. The court held that the appellate court's judgment was divergent and not sustainable under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005.

19 Jan 2016

The case involves a criminal revision petition filed by Sri Ramachandrachar against an order dated 23.12.2011 passed by the Presiding Officer, Fast Tr...

High Court

Bombay High Court Allows Appeal in Part, Acquits Relatives of Husband in Dowry Harassment Case. Conviction under Section 498A IPC set aside for relatives not residing with the couple due to lack of evidence of overt act.

11 Sep 2017

The case involves an appeal by seven accused persons convicted under Section 498A read with Section 34 of the Indian Penal Code for subjecting the dec...

High Court

Bombay High Court Quashes Interim Custody Order in Domestic Violence Case — Child's Welfare Paramount Under Section 21 of Protection of Women from Domestic Violence Act, 2005. The court held that interim custody orders must be based on evidence of child's best interests, not merely allegations of domestic violence.

21 Dec 2016

The petitioners, Dr. Parijat Vinod Kanetkar (husband), his mother, father, and sister, challenged the order dated 8.10.2015 passed by the Judicial Mag...

High Court

High Court of Karnataka Quashes FIR Against Accused Husband and Family in 498A and Dowry Harassment Case Due to Vague Allegations and Habitual Complainant. Held that Mere Stray Utterance Like Calling 'Prostitute' Does Not Constitute Cruelty Under Section 498A IPC, Relying on Kahkashan Kausar v. State of Bihar; Continued Proceedings Would Be Abuse of Process Under Section 482 CrPC.

3 Sep 2024

The case arose from a petition under Section 482 of the Code of Criminal Procedure, 1973, filed by the husband (accused No. 1), mother-in-law, father-...

High Court

Bombay High Court Quashes Process Against Wife in Criminal Complaint for Defamation and Dishonour of Cheque — Statements Made in Legal Proceedings Are Not Defamatory. Statements made in a writ petition before a court are absolutely privileged and cannot form the basis of criminal proceedings under Sections 499, 500 IPC or Section 138 of the Negotiable Instruments Act, 1881.

2 Nov 2018

The applicant, a wife, challenged the order of issuance of process dated 24/07/2017 passed by the Judicial Magistrate First Class, Nagpur, in Misc. Cr...

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...

Supreme Court

Supreme Court Dismisses Appeal in Hindu Marriage Act Divorce Case, Upholding High Court's Finding of No Cruelty. Appeal Under Family Courts Act Held Timely as Section 29(2) of Limitation Act Applies, Not Section 29(3), and Allegations of Cruelty Fail Due to Respondent's Justified Absence from Matrimonial Home.

3 Feb 2022

The dispute arose from a marriage solemnized under Hindu rites on 29-08-1999 between the appellant-husband and respondent-wife. The appellant filed a ...

High Court

High Court of Bombay at Goa Examines Quashing of Dowry Death Charges under Sections 304B and 306 IPC on the Basis of Family Settlement. The court considered the effect of dropping the charge under Section 498A IPC on the charge under Section 304B IPC and the scope of inherent powers to quash proceedings in matrimonial disputes.

13 Feb 2017

The petitioner, Bharat Daswani, filed a criminal writ petition before the High Court of Bombay at Goa under Articles 226 and 227 of the Constitution a...

High Court

Bombay High Court Dismisses Petition Challenging Cancellation of Gift Deeds Under Senior Citizens Act, 2007. Gift Deeds Executed by Mother in Favor of Younger Son and Daughter-in-Law Declared Null and Void Due to Lack of Free Consent and Failure to Provide Maintenance.

7 Sep 2023

The case involves a petition filed by Ashwin Bharat Khater and his wife Ruchi Ashwin Khater (petitioners) challenging an order dated 12 April 2022 pas...

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