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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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Madras High Court Dismisses Second Appeal in Customary Easement Case. Concurrent findings of fact regarding customary easement right to draw water through field bothie upheld under Section 100 CPC.

The plaintiff, Santhakumari, filed a suit seeking a declaration of customary easementary right to draw water for her land through a field bothie (Kann...

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Supreme Court Upholds Impartible Estate Status of Nazul Property in Former Ruler's Succession Dispute. Perpetual Leasehold Rights Held as Part of Impartible Estate Governed by Primogeniture, Not Coparcenary Property.

The Supreme Court of India heard civil appeals arising from a common judgment of the Allahabad High Court concerning the nature of perpetual leasehold...

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Supreme Court Allows Vendor's Appeal, Dismisses Vendee's Suit for Specific Performance Due to Non-Payment of Rent. Payment of Customary Rent Held an Essential Term of Contract, Non-Performance Bars Discretionary Relief Under Section 16(c) of Specific Relief Act, 1963.

The case involves an agreement to sell dated 13.05.1964 between Mohinder Kaur (vendor) and Bahadur Singh (vendee) for sale of land for Rs.5605/-, with...

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Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

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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...

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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 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 Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Customary Divorce Not Proved. Wife entitled to maintenance as husband failed to prove valid customary divorce or that wife was living in adultery.

The applicant, Sau. Ashabai Himmatrao Junghare, filed a criminal revision application challenging the order of the Additional Sessions Judge, Achalpur...