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High Court of Karnataka Allows Second Appeal in Property Dispute Between Husband and Wife — Sale Deed by Wife Upheld as Valid. The court held that a Hindu wife has an independent right to alienate her share of property and that a child marriage does not automatically invalidate a subsequent sale.

The respondent, Mallayya, filed a civil suit (O.S. No.127/1994) seeking a declaration that he was the owner of land bearing Survey No.94/2B measuring ...

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Bombay High Court Allows Husband's Appeal Against Restitution of Conjugal Rights Decree, Holds No Valid Marriage Under Hindu Marriage Act, 1955. Essential Ceremonies Like Saptapadi Not Proved, Hence Marriage Invalid Under Section 7 of Hindu Marriage Act, 1955.

The appellant-husband filed a Family Court Appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty and Dismisses Wife's Appeal for Restitution of Conjugal Rights. False criminal complaints by wife constitute mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves cross-appeals arising from a common judgment of the Family Court, Nagpur, dated 15-4-2009. The husband, Manoj Pate, filed First Appe...

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High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

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Bombay High Court Allows Husband's Appeal in Matrimonial Dispute Over Possessory Rights to Shared Household. Wife's Claim for Right to Residence Under Protection of Women from Domestic Violence Act, 2005 Dismissed as Act Not in Force at Time of Filing.

The case involves two appeals filed by the husband challenging a common judgment and order dated 30.12.2004 passed by the Family Court No.4, Mumbai. T...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Domestic Violence Case. Evidence of Marriage Registration, Joint Bank Account, and Family Pension Sufficient to Establish Relationship in Nature of Marriage Under Protection of Women from Domestic Violence Act, 2005.

The case arose from an application filed by the respondent, a woman, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 befo...