Search Results for "Matrimonial reliefs"

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Bombay High Court Quashes Circular Restricting Pre-Litigation Counselling Under the Protection of Women from Domestic Violence Act, 2005. Circular Discriminates Against Registered Service Providers and Deprives Women of Sound Advice, Violating Articles 14 and 21 of the Constitution.

The litigation arose from a Suo Motu Public Interest Litigation initiated by Dr. Jaya Sagade, a Professor of Law and Director of a service provider un...

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Bombay High Court Allows Appeal Against Trial Court's Refusal to Deliver Judgment in Suit for Declaration of Share Under Muslim Personal Law. Trial Court Directed to Decide Suit on Merits Within Three Months.

The appellants-plaintiffs filed a suit in the City Civil Court, Mumbai, seeking a declaration of their ½ share in the assets of a deceased person und...

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Bombay High Court Allows Petition Under Article 227 and Section 482 CrPC, Sets Aside Magistrate's Order Returning DV Application for Want of Jurisdiction. Section 27 of the Domestic Violence Act, 2005 Confers Wide Territorial Jurisdiction Including Place Where the Aggrieved Person Temporarily Resides.

The petitioner, Mrs. Afia Rasheed Khan, married Respondent No. 1 in December 1993 in Hyderabad and had a son, Respondent No. 2. She alleged that both ...

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Bombay High Court Upholds Father's Vacation Access to Children in Custody Dispute with Conditions to Prevent Removal from India. Family Court's Order Allowing Seven-Day Trip Within India Upheld with Additional Safeguards Including Passport Deposit and Reporting Requirements.

The case involves a custody dispute between Dr. Ashrita S. Toshniwal (petitioner/wife) and Sandeep S. Toshniwal (respondent/husband) regarding their t...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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Bombay High Court Dismisses Review Petition in Matrimonial Dispute Over Maintenance and Injunction. Court holds that review cannot be used to re-argue the merits of a case when the original order was passed with consent and no error apparent on record exists.

The case involves a review petition filed by John Vergese (the husband) against an order dated 5.11.2004 passed by a learned Single Judge of the Bomba...

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Bombay High Court Allows Writ Petition Seeking Extension of Justice Shetty Commission Benefits to Family Court Staff. The court held that staff of Family Courts at Aurangabad and Nagpur are entitled to the same benefits as staff in other districts under the Family Courts Act, 1984.

The petitioners, who were staff members of the Family Courts at Aurangabad and Nagpur, filed a writ petition under Article 226 of the Constitution of ...