Search Results for "Customary Marriage"

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Search Results for "Customary Marriage"

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High Court

Bombay High Court Dismisses Husband's Petition Challenging Maintenance to Wife Under Section 125 CrPC. Court upholds maintenance of Rs. 4,000 per month to wife despite husband's objections regarding remarriage and income.

7 Oct 2025

The petitioner, Gokul Yashwant Gopnarayan, challenged the judgment and order dated 27/08/2018 passed by the 3rd Additional Sessions Judge, Akola, in C...

High Court

Bombay High Court Quashes FIR and Charge Sheet in Rape Case Based on Promise of Marriage — Consensual Relationship Between Adults Not Constituting Offence Under Section 376 IPC. The court held that allegations of rape based on a false promise of marriage must be examined in the context of the parties' marital status, the duration of the relationship, and the complainant's conduct, and that the FIR was an abuse of process.

28 Feb 2025

The petitioner, a 58-year-old US citizen, challenged the FIR and charge sheet alleging rape under Section 376 IPC based on a promise of marriage. The ...

High Court

Bombay High Court Dismisses Second Wife's Revision in Succession Certificate Dispute. Second Marriage During Subsistence of First Marriage Held Void Under Hindu Marriage Act, 1955, Entitling First Wife to Family Pension.

3 Oct 2024

The case involves a dispute between two widows of the deceased Gangadhar Hiremath regarding entitlement to a succession certificate and family pension...

High Court

High Court of Karnataka Dismisses Revision Petitions in Succession Case, Upholds Grant of Succession Certificate to Son. The court held that the wife and children of the deceased were not entitled to a succession certificate as the deceased had divorced the first wife and married the second wife, but the second marriage was void due to subsistence of first marriage, and the son from the first marriage was the sole legal heir.

28 Jul 2023

The case involves two civil revision petitions filed under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated...

High Court

Bombay High Court Allows Appeal in Family Court Case — Sets Aside Decree Declaring Marriage Null and Void for Lack of Jurisdiction. Family Court lacked jurisdiction to declare marriage null and void under Section 7(g) of Family Courts Act, 1984 read with Section 151 CPC as no specific provision for such declaration exists.

15 Dec 2020

The appeal arises from a judgment and decree passed by the Family Court No. 4, Nagpur in Petition No. B-30/2012, which declared the marriage between t...

High Court

High Court of Karnataka Allows Appeal in Marriage Dissolution Case — Remand Order Set Aside Due to Lack of Jurisdictional Finding. Section 2(2) of Hindu Marriage Act, 1955 bars application to Scheduled Tribes unless custom is proved; court must first decide applicability of Act before remanding.

1 Feb 2019

The appellant, Narayana Naik, and the respondent, Smt. Leelavathi N., belong to the Marathi Community, which is a Scheduled Tribe. Their marriage was ...

High Court

Karnataka High Court Allows Appeal in Marriage Dissolution Case — Remand Order Set Aside Due to Lack of Jurisdictional Finding. Hindu Marriage Act, 1955 applies to Scheduled Tribes unless custom to the contrary is proved under Section 2(2).

1 Feb 2019

The appellant, Narayana Naik, and the respondent, Smt. Leelavathi N., belong to the Marathi Community, which is a Scheduled Tribe. Their marriage was ...

High Court

Bombay High Court Allows Waiver of Statutory Cooling-Off Period in Mutual Consent Divorce Case Due to Irretrievable Breakdown of Marriage. Court Holds That Section 13-B(2) of Hindu Marriage Act, 1955 Is Not Mandatory and Can Be Waived to Prevent Hardship When Parties Have Been Living Separately for Over Three Years.

7 May 2015

The petitioners, a married couple, filed a writ petition before the Bombay High Court at Aurangabad challenging an order dated 8 April 2015 passed by ...

High Court

Bombay High Court Allows Revision Against Framing of Charge Under Section 304B IPC in Dowry Death Case. Trial Court Exceeded Jurisdiction by Framing Charge Under Section 304B IPC When Charge Sheet Only Alleged Sections 498A and 306 IPC, and No Prima Facie Case for Dowry Death Was Made Out.

4 Oct 2012

The case involves a criminal revision application filed by three applicants (original accused) against the framing of charge under Section 304B of the...

High Court

Bombay High Court Dismisses Husband's Appeal for Nullity of Marriage on Ground of Sapinda Relationship, Upholds Wife's Right to Maintenance. Marriage Not Void Ab Initio as Customary Exception Proved and Sapinda Relationship Not Established Beyond Doubt Under Section 11 of Hindu Marriage Act, 1955.

12 Apr 2006

The parties, husband and wife, married in January 1981 and separated in July 1981. They lived in a joint family property in Girgaum. The wife filed a ...

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