Search Results for "Family Custom"

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

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Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Supreme Court Upholds Right of Pre-Adoption Sons to Inherit from Adopted Father in Hindu Succession Case. Sons born before adoption remain heirs of their natural father and are entitled to inherit his estate under Section 8 of the Hindu Succession Act, 1956.

The present appeals arose from a dispute over the inheritance of property left by Laxman, who was given in adoption to Saraswati on 2 November 1935. A...

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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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Karnataka High Court Dismisses Minor Muslim Girl's Petition Seeking Exemption from Child Marriage Act. Personal Law Cannot Override Statutory Prohibition on Child Marriage Under Prevention of Child Marriage Act, 2006.

The petitioner, Seema Begaum, a 16-year-old Muslim girl, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a decla...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Isolated instances of verbal abuse and filing of false complaints do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 20.5.1994 at Sumerpur, Rajasthan according to Hindu Vedic rites. After marriage, the wife re...

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Bombay High Court Dismisses Second Appeal in Property Dispute Involving Succession and Adverse Possession. Court upholds concurrent findings that appellant failed to prove title or adverse possession over suit property.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Custodio Gama, against the judgment and decree of the District C...