Search Results for "pendente lite alimony"

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Search Results for "pendente lite alimony"

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High Court

Bombay High Court Upholds Discretion of Parsi Matrimonial Courts to Appoint Court Commissioner for Evidence Recording Under PMDA. The court held that the Parsi Marriage and Divorce Act, 1936 does not expressly or impliedly bar the application of Order XVIII Rule 4 CPC for recording evidence before a Commissioner.

21 Nov 2024

The case arose from an appeal against an order dated 3 April 2014 passed by the learned Parsi Chief Metropolitan Court, Mumbai (Justice G S Patel) in ...

High Court

Bombay High Court Dismisses Wife's Appeal Against Interim Orders Passed During Pendency of Marriage Petition Due to Delay and Lack of Challenge Before Dismissal of Main Petition. The court held that an appeal against interim orders passed during the pendency of a marriage petition under Section 9 of the Hindu Marriage Act, 1955, is not maintainable after the main petition has been dismissed and the appellant did not challenge the interim orders at any earlier stage.

7 Apr 2021

The appellant-wife, Dr. Sarika Akshay Ranade, filed a Family Court Appeal against orders passed by the Family Court No.5, Pune, on various application...

High Court

Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

28 Jun 2019

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

High Court

Bombay High Court Allows Transfer of Domestic Violence Proceedings to Family Court for Joint Trial with Divorce Petition. The Court held that the Family Court has jurisdiction under Section 7 of the Family Courts Act and Section 26 of the Domestic Violence Act to try both matters together to avoid multiplicity of proceedings.

6 Sep 2018

The petitioner, Sandip Mrinmoy Chakraboarty, filed a Criminal Writ Petition before the Bombay High Court seeking transfer of proceedings under the Pro...

High Court

Bombay High Court Modifies Interim Maintenance Order in Divorce Case — Husband's Income and Wife's Earning Capacity Considered. Family Court's award of Rs.30,000 per month reduced to Rs.15,000 per month under Section 24 of Hindu Marriage Act, 1955, as wife is capable of earning and husband's income is limited.

11 Oct 2017

The petitioner-husband challenged the Family Court's order directing him to pay Rs.30,000 per month as interim maintenance to the respondent-wife unde...

High Court

Karnataka High Court Allows Wife's Appeal for Interim Maintenance Under Section 36 of Divorce Act, 1869 — Family Court Erred in Rejecting Application Without Hearing on Merits. The court held that a wife is entitled to pendente lite alimony even if the validity of the marriage is disputed, and the Family Court cannot reject such application without considering merits, especially when no objections are filed by the husband.

15 Apr 2015

The appellant, Soumya, wife of Johny, filed an appeal under Section 55 of the Divorce Act, 1869, against the judgment and decree dated 27.03.2014 pass...

High Court

Parsi Chief Matrimonial Court Holds That Evidence in Parsi Divorce Suits May Be Recorded Before a Commissioner Under CPC Order 18 Rule 4(2) — Section 46 of Parsi Marriage & Divorce Act, 1936 Does Not Mandate In-Court Recording with Delegates.

3 Apr 2014

The case involved a suit filed under the Parsi Marriage & Divorce Act, 1936, by Rohinton Panthaky against Armin R. Panthaky. During the proceedings, a...

High Court

Bombay High Court Allows Appeal in Muslim Women's Divorce Rights Case — Family Court Erred in Dismissing Petition Under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986. The Court Held That a Muslim Wife Can Seek Relief Under the Act Even if the Marriage Was Initially Solemnized Under Christian Rites, Provided the Parties Subsequently Married Under Muslim Law.

5 Jan 2010

The appellant, Caroline Gabriele alias Kaneez Fatima Sadique Raza Naqvi, originally a Christian, married the respondent, Mohammed Sadique Raza Naqvi, ...

High Court

Bombay High Court Allows Husband's Petition for Restitution of Conjugal Rights and Dismisses Wife's Petition for Maintenance Under Section 125 CrPC — Wife's Refusal to Return to Matrimonial Home Without Reasonable Excuse Constitutes Desertion. The court held that a wife who deserts her husband without reasonable excuse is not entitled to maintenance under Section 125 CrPC and the husband is entitled to restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

1 Apr 2005

The judgment concerns two cross-petitions arising from a matrimonial dispute between Rajashree alias Vanita (wife) and Rajesh Nagesh Dixit (husband). ...

High Court

Bombay High Court Dismisses Petition Challenging Divorce Decrees by Mutual Consent Under Parsi Marriage Act. Presiding Judge of Parsi Chief Matrimonial Court Can Pass Decree Without Delegates' Assistance Under Section 32B of Parsi Marriage and Divorce Act, 1936.

10 Mar 2005

The petitioners, trustees of the Parsi Panchayat Funds and Properties, filed a writ petition seeking a declaration that the learned Presiding Judge of...

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