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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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High Court of Karnataka Allows Divorce on Ground of Desertion After 21 Years of Separation — Marriage Held to Be Dead and Irretrievably Broken Down. Long separation of 21 years and wife's failure to explain desertion established wilful desertion under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A....

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Supreme Court Upholds Husband in Divorce Case Based on Irretrievable Breakdown of Marriage Under Article 142 of Constitution. Marriage Dissolved as Parties Lived Apart for Almost Two Decades and Reconciliation Was Impossible, Despite Lack of Statutory Ground in Hindu Marriage Act, 1955.

The dispute involved a husband and wife who married in 2002 under Hindu rites, but the marriage never consummated and broke down immediately, with the...

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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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Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

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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.

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...

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Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...