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Bombay High Court Allows Wife's Petition Challenging Maintainability of Second Divorce Petition Filed by Husband During Pendency of Earlier Proceedings. Family Court's Order Rejecting Objection to Maintainability Set Aside on Grounds of Res Judicata and Abuse of Process.

The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 pa...

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Bombay High Court Allows Second Appeal in Divorce and Property Division Case Under Portuguese Civil Code — Sets Aside Ex-Parte Decree for Violation of Natural Justice. Failure to Serve Counterclaim and Proceed Ex-Parte Without Notice to Respondent Rendered the Trial Court's Decree Unsustainable.

The case arises from a matrimonial dispute between Sebastiao Paulo Fernandes (appellant/husband) and Filomena Fernandes (respondent/wife). The wife fi...

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Bombay High Court Upholds Maintenance for Wife and Daughters Under Domestic Violence Act Despite Prior Divorce Decree. Cohabitation After Divorce and Subsequent Second Marriage Constitute Domestic Violence Under Section 3 of the Protection of Women from Domestic Violence Act, 2005.

The case involves a criminal revision application filed by Atmaram Sanap challenging concurrent orders of maintenance passed under the Protection of W...

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Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

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High Court of Bombay Dismisses Husband's Petition Challenging Interim Maintenance Order Under Domestic Violence Act. Muslim Wife's Claim for Interim Maintenance Upheld Despite Husband's Talaq and Muslim Personal Law.

The case involved a challenge by the husband against an interim maintenance order passed by the Family Court at Bandra in favor of his wife and two mi...

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Bombay High Court Allows Appeal Against Remand Order in Divorce Case — Remand Without Deciding Merits Not Permissible Under Order 41 Rule 23A CPC. Appellate Court Must First Reverse Decree on Merits Before Remanding Under Order 41 Rule 23A of Code of Civil Procedure, 1908.

The case arises from a matrimonial dispute where the respondent-wife filed a divorce petition under Section 13(1)(i)(ia) of the Hindu Marriage Act, 19...