Search Results for "valid marriage"

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Search Results for "valid marriage"

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Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

Supreme Court

Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

22 Jan 2019

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

High Court

Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

22 Dec 2018

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

High Court

Bombay High Court Allows Husband's Appeal Against Restitution of Conjugal Rights Decree, Holds No Valid Marriage Under Hindu Marriage Act, 1955. Essential Ceremonies Like Saptapadi Not Proved, Hence Marriage Invalid Under Section 7 of Hindu Marriage Act, 1955.

31 Jan 2017

The appellant-husband filed a Family Court Appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955...

High Court

Bombay High Court at Goa Allows First Wife's Claim for Family Pension Over Invalid Second Marriage. Second Marriage Contracted Without Consent During Subsistence of First Marriage Held Void Under Goa Family Laws and Civil Service (Conduct) Rules, 1964.

24 Aug 2016

The petitioner, Mrs. Banu Shaikh, filed a writ petition before the Bombay High Court at Goa seeking family pension as the legally wedded wife of the d...

High Court

Bombay High Court Dismisses Petition of Second Wife Claiming Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982. A Hindu marriage contracted during the subsistence of the first marriage is void, and the second wife is not entitled to family pension as a 'family' member under Rule 116(6)(a)(i) of the Maharashtra Civil Services (Pension) Rules, 1982.

26 Nov 2015

The petitioner, Smt. Chanda Hinglas Bharati, filed a writ petition challenging the order dated 24.6.2013 by which the respondents stopped releasing fa...

High Court

Bombay High Court Dismisses Husband's Appeal Challenging Family Court Jurisdiction in Divorce Petition Filed by Wife in Pune. Wife's Residence in Pune Confers Jurisdiction Under Section 19(iii)(a) of Hindu Marriage Act, 1955 as She is the Petitioner.

11 Dec 2014

The appellant husband, a US citizen, married the respondent wife on 21st November 2002 in India. The marriage was registered on the same day. The part...

High Court

Bombay High Court Upholds Conviction of Husband for Dowry Death and Cruelty in Dowry Demand Case. Presumption under Section 113B of Evidence Act applied as death occurred within seven years of marriage and dowry demand was proved.

22 Jun 2011

The appellant, Vasant Bhagwat Patil, was convicted by the Additional Sessions Judge, Jalgaon, for offences under Sections 304B, 306, 498A of the India...

High Court

Bombay High Court Allows Wife's Appeal in Marriage Validity Dispute — Holds That Conversion to Hinduism Before Marriage Can Be Inferred from Conduct and That Family Court Has Jurisdiction Under Hindu Marriage Act, 1955. The court found that the wife had converted to Hinduism before marriage, making the marriage valid, and remanded the case for hearing on merits.

25 Nov 2005

The case involves an appeal by the wife, Smt. Madhavi Ramesh Dudani, against a common judgment and order dated 29th June 2004 passed by the Family Cou...

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