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High Court of Karnataka Quashes Family Court Order Denying Interim Maintenance to Wife and Children in Domestic Violence Case — Held That Maintenance Cannot Be Denied on Ground of Wife's Earning Capacity Without Assessing Actual Income and Needs of Children.

The petitioners, Smt. Shylaja S.R. (wife) and her two minor sons, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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High Court of Karnataka Enhances Interim Maintenance for Wife Under Hindu Marriage Act, 1955 — Husband's Income and Lifestyle Considered. The Court held that interim maintenance must reflect the husband's earning capacity and standard of living, not merely the wife's needs.

The petitioner, Smt. Pratibha Singh, wife of the respondent Vineet Kumar, filed a writ petition under Article 227 of the Constitution of India challen...

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Bombay High Court Allows Husband's Petition Challenging Interim Maintenance and Salary Attachment in Hindu Marriage Act Case — Orders Set Aside Due to Non-Compliance with Procedural Requirements Under Order 9 Rule 13 CPC.

The petitioner, Umesh Ramdas Meshram, filed a writ petition challenging two orders passed by the Civil Judge Senior Division, Chandrapur, in Hindu Mar...

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Bombay High Court Dismisses Husband's Appeals Against Restitution of Conjugal Rights Decree and Dismissal of Divorce Petition. Husband Failed to Prove Cruelty or Desertion; Wife's Refusal to Stay with In-Laws Not Unreasonable.

The case involves two appeals filed by the husband, Rakesh Jaiswal, against the judgments of the Family Court, Aurangabad. The first appeal (FCA No. 8...

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Bombay High Court Dismisses Husband's Divorce Appeal in Mental Disorder Case, Upholds Wife's Restitution of Conjugal Rights. Allegations of Schizophrenia and Paranoid Personality Disorder Not Proved Under Section 13(1)(iii) of Hindu Marriage Act, 1955.

The case involves two appeals filed by the husband, Gajendra Mohite, against a common judgment of the Family Court at Aurangabad. The marriage between...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Court Holds That Isolated Instances of Abnormal Behavior Without Medical Evidence Do Not Constitute Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

This appeal arises from a judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the marriage between the appell...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree in Cruelty Case, Sets Aside Dissolution of Marriage. Husband's Petition for Nullity on Ground of Fraud Dismissed as Suicidal Tendency Not Concealed.

The case involves an appeal by the wife against the judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the m...

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Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Section...