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High Court

Bombay High Court Allows Quashing of Criminal Case in Hit-and-Run Accident Due to Lack of Evidence and Compromise. Petitioner accused under Sections 279 and 338 IPC discharged as no eyewitness or material to prove rash driving, and victim did not support prosecution.

13 Mar 2024

The petitioner, accused in C.C.No.1058/PS/2016 for offences under Sections 279 and 338 of the Indian Penal Code, filed a writ petition under Article 2...

High Court

Bombay High Court Allows Revision in Domestic Violence Case — Sets Aside Concurrent Dismissal of Complaint Under Section 12 of Protection of Women from Domestic Violence Act, 2005. Court Holds That Relationship by Customary Marriage or Blood Ties Falls Within 'Domestic Relationship' Under Section 2(f) of the Act, and Remands Matter for Fresh Consideration on Merits.

19 Oct 2023

The applicant, Sau. Anita Ambadas @ Ambu Shivarkar, filed a criminal revision application challenging the judgment and order dated 17.08.2018 passed b...

High Court

Bombay High Court Allows Revision in Domestic Violence Case — Customary Marriage Recognized as Domestic Relationship. Applicant wife held entitled to maintain petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 despite marriage being performed as per 'sate-lote' custom, as the relationship falls within 'domestic relationship' under Section 2(f) of the Act.

19 Oct 2023

The applicant, Sau. Anita Ambadas @ Ambu Shivarkar, filed a criminal revision application challenging the judgment and order dated 17.08.2018 passed b...

High Court

Bombay High Court Allows Wife's Petition Against In-laws in Domestic Violence Case — Sets Aside Appellate Order Dismissing Complaint. Held that relatives living abroad can be subjected to proceedings under the Protection of Women from Domestic Violence Act, 2005 if they have committed acts of domestic violence within India.

5 Apr 2023

The petitioner, Sou. Shradha Fogla, filed a petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crim...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Daughter from Mother — Custody Dispute Between Parents Not Maintainable as Habeas Corpus When Child is in Mother's Custody and Not Illegally Detained.

4 Jan 2022

The petitioner, Gaurav Raj Jain, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

High Court

Bombay High Court Dismisses Husband's Application for DNA Test in Domestic Violence Proceedings — Paternity Denial Not Permissible Without Strong Prima Facie Evidence. The court held that a DNA test cannot be ordered as a matter of course to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, and the husband's bare allegations of adultery were insufficient.

18 Feb 2021

The case arises from a criminal application filed by Sahebrao Deorao Chavan (applicant No. 1) challenging an order dated 03/01/2019 passed by the Judi...

High Court

Bombay High Court Allows Husband to Amend Petition to Add Cruelty Ground and Seek Divorce in Hindu Marriage Act Case. Amendment Held Not to Change Nature of Proceedings as Original Relief of Judicial Separation Not Rendered Absurd.

15 Jun 2018

The petitioner, Premdeep Nishikant Matlane, filed a petition under Section 10 of the Hindu Marriage Act, 1955, seeking judicial separation from his wi...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

High Court

High Court of Karnataka Allows Daughter's Maintenance Claim Under Section 125 CrPC Against Father Despite Muslim Personal Law. The court held that Section 125 CrPC overrides personal law and a major unmarried daughter unable to maintain herself is entitled to maintenance from her father.

18 Dec 2014

The petitioner, Meharunnisa, an unmarried major Muslim daughter, filed a petition under Section 482 CrPC challenging the order of the Fast Track Court...

High Court

Bombay High Court Allows Husband's Appeal in Divorce Case on Ground of Cruelty — Demand for Separate Residence from Mother-in-Law Constitutes Cruelty Under Hindu Marriage Act, 1955. The court held that the wife's persistent demand for separate residence and refusal to cohabit with the husband's parents amounted to mental cruelty, and desertion was also proved, entitling the husband to divorce.

2 Dec 2005

The appellant-husband filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, on grounds of cruelty and desertion. The parties were...

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