Search Results for "Family Court Jurisdiction"

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Search Results for "Family Court Jurisdiction"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Family Court Order Restraining Ex-Wife from Using Husband's Surname After Divorce. Substance Over Form Principle Applied Under Section 7 of Family Courts Act, 1984 to Allow Husband's Interim Application in Wife's Maintenance Petition.

17 Feb 2010

The case involves a writ petition filed by Neelam Dadasaheb Shewale (the petitioner/ex-wife) challenging three interim orders passed by the Family Cou...

High Court

High Court of Karnataka Allows Appeal Against Family Court Order Returning Plaint in Suit for Declaration of Non-Marriage and Non-Paternity. Family Court Has Jurisdiction Under Section 7 of the Family Courts Act, 1984 to Entertain Suits Relating to Validity of Marriage and Parentage.

27 Jan 2025

The appellant, Arjun S/o Ranappa Hatgundi, filed a suit before the Family Court, Kalaburagi, seeking a declaration that respondent No.1, Sushilabai @ ...

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...

High Court

Bombay High Court Dismisses Application for Return of Passports in Child Custody Dispute — Passports Ordered to Remain in Court Custody Pending Final Determination of Custody Petitions. The court held that the Family Court, which is seized of the custody petitions, is the appropriate forum to decide on the return of passports, considering the welfare of the minor children.

24 Jul 2020

The judgment concerns an interim application filed in a disposed of writ petition under Article 227 of the Constitution of India. The writ petition ha...

High Court

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.

4 May 2018

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...

High Court

Bombay High Court Sets Aside Family Court Order Returning Marriage Petition for Lack of Jurisdiction. Family Court Failed to Consider Jurisdictional Provisions Under Section 31(1)(iv) of Special Marriage Act and Section 19(iv) of Hindu Marriage Act Allowing Filing Where Petitioner Resides in India and Respondent Abroad.

6 Apr 2005

The appeal arose from an order of the Family Court, Pune, which returned a marriage petition filed by the appellant-husband under the Special Marriage...

High Court

Bombay High Court Dismisses Appeal in Family Court Matter as Not Maintainable Against Interlocutory Order. Order Permitting Occupation of Flat Pending Divorce Proceedings Held Not Appealable Under Section 19, Family Courts Act, 1984, as It Did Not Finally Determine Rights.

14 Jun 2005

The Bombay High Court, before a Division Bench of R.M.S. Khandeparkar and Anoop V. Mohta, JJ., considered a preliminary objection to the maintainabili...

High Court

Bombay High Court Sets Aside Family Court Order in Matrimonial Jurisdiction Dispute — Marriage Registered Under Foreign Marriage Act Governed by Special Marriage Act for Dissolution Relief. Conclusive Evidence Under Section 14(2) of Foreign Marriage Act Bars Evidence of Hindu Marriage Act Solemnization, Resulting in Lack of Inherent Jurisdiction of Family Court.

9 Feb 2011

The dispute arose when the husband filed a petition for dissolution of marriage under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 before the F...

High Court

Bombay High Court Considers Transfer of Domestic Violence Proceedings to Family Court and Holds D.V. Act Proceedings Are Civil in Nature. Family Court Can Grant D.V. Act Reliefs Under Section 26 in Addition to Magistrate Under Section 12, Rejecting Jurisdictional Objection Based on Husband's Non-Party Status.

15 Sep 2025

The Miscellaneous Civil Application arose from matrimonial discord between the applicant wife and respondent husband and his relatives. The applicant,...

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...

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