Search Results for "customary divorce"

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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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Bombay High Court Dismisses Husband's Petition Challenging Maintenance to Wife Despite Customary Divorce. Divorced Wife Entitled to Maintenance Under Section 125 CrPC Regardless of Customary Divorce.

The petitioner, Ashok Deochand Mali, filed a Criminal Writ Petition under Article 227 of the Constitution of India, challenging the judgment and order...

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Bombay High Court Dismisses Husband's Appeal, Upholds Restitution of Conjugal Rights in Favor of Wife Under Special Marriage Act. Husband's Counterclaim for Divorce Based on Alleged False Criminal Complaint Rejected as Not Constituting Cruelty.

The case involves an appeal by the husband against the judgment and decree of the District Judge, Jalgaon, dated 22.04.2016, in Special Marriage Petit...

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Bombay High Court Allows Wife's Maintenance Revision Under Section 125 CrPC — Marriage Presumed Valid Despite Husband's Denial. Long Cohabitation for 25 Years Raises Presumption of Marriage, Husband's Bare Denial Without Evidence Insufficient to Rebut.

The revision applicant, Sewanta w/o Kashinath Warati, filed a criminal revision before the Bombay High Court, Nagpur Bench, challenging the order of t...

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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.

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...

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Supreme Court Dismisses Appeals by Daughters of Deceased in Mizo Inheritance Dispute — Son's Widow and Daughters Held Entitled to Property. The Court upheld Mizo Customary Law that the son inherits the father's property, and upon the son's death, his widow and daughters are the legal heirs.

The case involves a dispute over the inheritance of property originally owned by P.S. Dahrawka, who died on 5th March 1978. He was survived by his wif...

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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.

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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Bombay High Court Dismisses Petition for Revocation of Legal Heirship Certificate in Succession Dispute. Customary Divorce and Second Marriage Not Proven, Court Upholds First Wife's Status as Legal Heir Under Bombay Regulation VIII of 1827.

The case involves a dispute over a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827. The petitioners, claiming...