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High Court Quashes FIR in Criminal Petitions Under BNSS, 2023 Due to False Allegations of Physical Relationship on Pretext of Marriage. Petitioners Acquitted as Proceedings Deemed Abuse of Process

The High Court of Karnataka heard two criminal petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to quash a...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

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Bombay High Court Dismisses Husband's Nullity Petition and Grants Wife Restitution of Conjugal Rights in Marriage Voidable for Fraud. Husband Failed to Prove Fraud or Force Under Section 12(1)(c) of Hindu Marriage Act, 1955 as Wife's Consent Was Voluntary Despite Alleged Concealment of Past Relationship.

The appellant-husband, Samit Subhash Agarwal, filed a petition under Section 12(1)(c) of the Hindu Marriage Act, 1955, seeking a decree of nullity of ...

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High Court of Bombay at Goa Dismisses Wife's Appeal for Annulment of Marriage — Consent Not Vitiated by Fraud or Force. Registration of marriage under the Special Marriage Act, 1954 does not require a subsequent religious ceremony; failure to perform such ceremony does not invalidate consent.

The appellant, Yogita Kamlakant Chari, filed a Matrimonial Petition seeking annulment of her marriage with the respondent, Shekar P. Chari, on the gro...

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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 Appeal Declaring Marriage Null and Void Due to Lack of Consent and Fraudulent Registration. The court held that the appellant's consistent denial of marriage and evidence of fraudulent registration established lack of consent, rendering the marriage void ab initio.

The appellant, a woman, filed a petition in the Family Court at Mumbai seeking a declaration that she was not the legally wedded wife of the responden...

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Bombay High Court Dismisses Husband's Appeal for Restitution of Conjugal Rights in Muslim Marriage Dispute — Marriage Not Proved Due to Lack of Evidence of Consummation and Cohabitation.

The appellant-husband filed a petition for restitution of conjugal rights under Muslim Personal Law, claiming he married the respondent-wife on 1.11.1...

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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...