Search Results for "Talaq"

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Search Results for "Talaq"

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Supreme Court

Supreme Court Allows Appeal and Quashes Criminal Proceedings in Rape Case After Amicable Settlement and Divorce. Criminal proceedings under Sections 376 and 506 IPC were quashed as the complainant filed an affidavit stating she had settled the matter amicably with the appellant, obtained divorce through Talaq-E-Khula, and did not wish to proceed further, making continuation of proceedings against the interest of justice.

9 Jan 2024

The Supreme Court considered an appeal challenging the High Court's rejection of an application to quash criminal proceedings under Sections 376 and 5...

High Court

Bombay High Court Dismisses Husband's Revision in Muslim Divorce Maintenance Case — Concurrent Findings Upheld. Husband's Talaq During Pendency of Section 125 Cr.P.C. Does Not Bar Wife's Claim Under Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 for Reasonable and Fair Provision.

2 Jan 2024

The case involves a criminal revision application filed by the husband, Khalil Abbas Fakir, challenging the concurrent orders of the Judicial Magistra...

High Court

Bombay High Court Allows Revision in Muslim Divorce Maintenance Case — Husband's Plea of Divorce Not Considered by Family Court. Court remands matter for fresh consideration of divorce plea under Muslim Personal Law and its effect on maintenance under Section 125 CrPC.

13 Sep 2023

The case involves a criminal revision application filed by the husband (applicant) challenging the judgment dated 13-2-2023 passed by the Family Court...

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 Dismisses Father's Appeal for Custody of Minor Son Under Guardians and Wards Act, 1890 — Welfare of Child Paramount Over Father's Right Under Muslim Personal Law. Custody of minor son 'Umarkhan' retained with mother as father failed to prove his fitness and child's welfare.

20 Apr 2016

The appellant, Imran Khan, filed an appeal against the judgment and order dated 31st October 2015 passed by the Family Court, Nanded, in Petition No. ...

High Court

Bombay High Court Allows Appeal in Muslim Divorce Declaration Case — Family Court Erred in Dismissing Suit for Declaration of Matrimonial Status on Grounds of Territorial Jurisdiction and Limitation. The suit under Explanation (b) of Section 7(1) of the Family Courts Act, 1984 is governed by the Code of Civil Procedure, 1908 for territorial jurisdiction, and the limitation period for a declaratory suit is governed by Article 58 of the Limitation Act, 1963, not Article 113.

18 Sep 2014

The appellant, Mrs. Mehak Mohd. Tanveer, filed a petition before the Family Court at Bandra, Mumbai, seeking dissolution of her marriage with the resp...

High Court

Bombay High Court Upholds Conviction for Murder of Wife in Tyre Shop Assault Case. Evidence of Mother and Police Witness Found Credible; No Reason to Disbelieve Testimony Despite Lack of Independent Witnesses.

5 Apr 2013

The appellant, Mohammed Subhamiya Farukh Shaikh, was convicted by the 6th Adhoc Additional Sessions Judge, Mumbai, for the murder of his wife Shehnaz ...

High Court

Bombay High Court Upholds Interim Maintenance to Wife Despite Husband's Claim of Talaq in Restitution of Conjugal Rights Proceedings. Mere assertion of divorce does not defeat wife's claim for interim maintenance; husband must prove factum of divorce.

12 Aug 2010

The petitioner-husband and respondent-wife were married on 22.12.2006 under Islamic Law. The wife filed Petition No. A889/2008 before Family Court No....

High Court

Bombay High Court Allows Wife's Appeal in Muslim Divorce Dispute — Holds Divorce Agreement as Talak in Ahsan Mode, Not Khula, and Remarriage Valid Without Halala. The court determined that the divorce agreement dated 18th April, 2004 was a Talak in Ahsan mode, and the wife was not required to undergo Halala before remarriage on 5th April, 2007.

23 Mar 2010

The case involves an appeal under section 19 of the Family Courts Act, 1984, arising from a dispute between a Muslim couple. The appellant-wife, Mrs. ...

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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