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Search Results for "Muslim wife"

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High Court

Gujarat High Court Allows Husband's Appeal in Muslim Divorce Declaration Case — Mutual Divorce Deed Under Muslim Shariat Recognized as Valid Dissolution of Marriage. Family Court's Dismissal Set Aside as Court Erred in Requiring Formal Divorce Proceedings Under Section 7 of Family Courts Act, 1984 Read with Section 34 of Specific Relief Act, 1963.

12 Mar 2026

The appellant-husband, Jamilbhai Firozbhai Vahora, through his power of attorney holder (his father), filed a First Appeal under Section 19 of the Fam...

High Court

Bombay High Court Allows Family Pension to Second Wife in Absence of Valid Divorce or Proof of First Marriage Subsisting at Time of Second Marriage — Presumption of Marriage Under Section 114 of Indian Evidence Act, 1872 Applied. The court held that long cohabitation raises a presumption of marriage, and the burden to rebut it lies on the state, which was not discharged.

16 Feb 2022

The petitioner, Smt. Shamal Mahadeo Tate, filed a writ petition before the Bombay High Court seeking family pension as the second wife of the deceased...

High Court

High Court of Karnataka Dismisses Ex-Husband's Petition in Execution of Maintenance Decree for Muslim Divorced Wife. Court Emphasizes Expeditious Execution of Maintenance Decrees and Lamented Two-Decade Delay.

7 Oct 2021

The case involves a writ petition filed by Ezazur Rehman, the ex-husband, challenging an order on I.A.No.10 passed by the I Additional Principal Famil...

High Court

Bombay High Court Allows Custody Appeal in Child Custody Dispute Under Family Courts Act, 1984 — Welfare of Child Paramount. Grandparents' Custody Set Aside as Biological Father's Right to Custody Upheld Subject to Child's Welfare.

26 Feb 2021

The case involves two appeals filed under Section 19 of the Family Courts Act, 1984, challenging a common judgment of the Family Court, Nagpur, in Pet...

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 Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Wife's Counterclaim for Restitution of Conjugal Rights Dismissed. The court upheld the Family Court's finding that false complaints by the wife to police and employer constituted mental cruelty under Section 13(1)(ia), and that desertion under Section 13(1)(ib) was proved by the wife's intentional withdrawal from cohabitation without reasonable cause.

16 Mar 2017

The case involves two appeals arising from a common judgment of the Family Court at Bandra, Mumbai, in a divorce petition filed by the husband under S...

High Court

High Court of Karnataka Dismisses Husband's Appeal in Muslim Wife's Restitution of Conjugal Rights Suit. Muslim Personal Law Recognizes Wife's Right to Seek Restitution of Conjugal Rights Under Section 9 of the Dissolution of Muslim Marriages Act, 1939.

18 Dec 2014

The case involves a Regular Second Appeal filed by the defendant-husband against the judgment and decree of the Senior Civil Judge, Hukkeri, which aff...

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 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...

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