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Search Results for "Muslim divorce"

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High Court

High Court of Karnataka Dismisses Husband's Appeal in Muslim Marriage Dissolution Case — Second Marriage During Subsistence of First Marriage Constitutes Cruelty Under Muslim Personal Law. The court upheld the Family Court's decree dissolving the marriage on grounds of cruelty and desertion, as the husband failed to prove that the wife left without reasonable cause.

17 Aug 2020

The appellant-husband, a Sunni Muslim, married the respondent-wife on 17.07.2014 as per Shariat law. After a short period of happy married life, the w...

Supreme Court

Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

22 Jan 2019

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

High Court

Bombay High Court Allows Husband's Petition in Maintenance Case Under Section 125 CrPC — Reverses Sessions Court Order Granting Maintenance to Wife. Court Holds That Wife's Refusal to Live with Husband Without Sufficient Reason and Her Earning Capacity Disentitle Her to Maintenance Under Section 125(4) CrPC.

24 Aug 2018

The case involves a criminal writ petition filed by the husband under Article 227 of the Constitution of India challenging the order of the Additional...

High Court

Bombay High Court Allows Wife and Children's Maintenance Enhancement Under Section 125 CrPC - Husband's Cruelty and Second Marriage Justify Wife's Refusal to Cohabit. Maintenance Enhanced to Rs. 1000 per Child and Rs. 1500 to Wife from Date of Application.

27 Feb 2013

The petitioners, Parvin Firoz Shaikh (wife) and her two minor children, filed a Criminal Writ Petition under Article 227 of the Constitution of India ...

High Court

Bombay High Court Allows Wife's Appeal for Divorce and Maintenance in Hindu Marriage Act Case — Husband's Cruelty and Desertion Established Despite Dismissal of Earlier Petition. The court held that filing false complaints and desertion constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and granted divorce with permanent alimony and child maintenance.

16 Sep 2011

The appellant, Smt. Shehnaz Arvind Mudbhatkal (the wife), filed Family Court Appeal No. 38 of 2006 against the judgment and decree dated 30th Septembe...

High Court

Bombay High Court Allows Revision in Muslim Divorcee Maintenance Case — Husband Liable to Pay Maintenance Beyond Iddat Period Under Section 3(2) of Muslim Women (Protection of Rights on Divorce) Act, 1986. The court held that a reasonable and fair provision for future maintenance must be made, and the Sessions Judge erred in reducing it to only the iddat period.

20 Oct 2006

The applicant, Shabana Parveen, filed a Criminal Revision Application under Section 482 read with Section 397 of the Criminal Procedure Code, challeng...

High Court

Bombay High Court Dismisses Petition Challenging Maintenance Under Section 125 CrPC for Muslim Woman Divorced by Talaq-e-Biddat. Talaq-e-Biddat Pronounced in a Single Sitting Without Observing Iddat Period Is Void and Does Not Dissolve Marriage, Hence Wife Entitled to Maintenance Under Section 125 CrPC.

13 Sep 2006

The petitioner, Shameem Baig, challenged the order of the Family Court granting maintenance to his wife, Najmunnisa Begum, under Section 125 of the Co...

High Court

Bombay High Court Allows Revision in Muslim Divorce Case — Civil Court Lacks Jurisdiction Over Dahej Recovery Under Muslim Women Act. Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 provides exclusive remedy before Magistrate for return of property given at or before marriage.

27 Mar 2006

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge, Senior Division, Dar...

High Court

Bombay High Court Allows Maintenance Petition Under Section 125 CrPC for Wife and Children Despite Husband's Objections Based on Divorce and Remarriage. Court Holds That a Muslim Husband's Obligation to Maintain Wife Continues Until She Remarries, and Maintenance for Children Is Not Affected by Divorce.

12 Aug 2005

The petitioner, Elizabeth Nagendra Addakallu, filed a Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482 of t...

High Court

Bombay High Court Allows Revision Application in Maintenance Case Under Section 125 CrPC — Wife Entitled to Maintenance Despite Husband's Offer to Maintain. Muslim Personal Law does not bar maintenance under CrPC for a divorced wife until remarriage.

30 Nov -0001

The case involves a criminal revision application filed by Sabira Begum, the wife of Kazi Mumtaz Mohiuddin, challenging the order of the Sessions Judg...

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