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Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation.

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grou...

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Bombay High Court Allows Revision in Muslim Divorce Maintenance Case — Husband's Plea of Divorce Not Considered by Family Court. Court remands matter for fresh consideration of divorce plea under Muslim Personal Law and its effect on maintenance under Section 125 CrPC.

The case involves a criminal revision application filed by the husband (applicant) challenging the judgment dated 13-2-2023 passed by the Family Court...

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Bombay High Court Dismisses Appeal Against Decree Declaring Plaintiffs' Ownership of 3/4th Share in Suit Property. Agreements Executed by Co-Owners Held Not Binding on Plaintiffs' Undivided Share Under Transfer of Property Act, 1882.

The appeal arises from a judgment and order dated 21 August 2003 passed by the Joint Civil Judge Senior Division, Pune, in Special Civil Suit No.2107 ...

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Bombay High Court Allows Wife and Children's Maintenance Enhancement Under Section 125 CrPC - Husband's Cruelty and Second Marriage Justify Wife's Refusal to Cohabit. Maintenance Enhanced to Rs. 1000 per Child and Rs. 1500 to Wife from Date of Application.

The petitioners, Parvin Firoz Shaikh (wife) and her two minor children, filed a Criminal Writ Petition under Article 227 of the Constitution of India ...

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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 Dismisses Husband's Appeal for Restitution of Conjugal Rights in Muslim Marriage Dispute — Marriage Not Proved Due to Lack of Evidence of Consummation and Cohabitation.

The appellant-husband filed a petition for restitution of conjugal rights under Muslim Personal Law, claiming he married the respondent-wife on 1.11.1...

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Bombay High Court Dismisses Wife's Petition Challenging Husband's Right to Enter Matrimonial Home Under Domestic Violence Act. Shared Residence Ordered for Both Spouses in Large Matrimonial Home Comprising Multiple Flats.

The petitioner-wife challenged a part of the order of the learned Judge, 2nd Family Court, Mumbai, dated 15th June 2010, which did not restrain the re...

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Bombay High Court Allows Revision Application in Maintenance Case Under Section 125 CrPC — Wife Entitled to Maintenance Despite Husband's Offer to Maintain. Muslim Personal Law does not bar maintenance under CrPC for a divorced wife until remarriage.

The case involves a criminal revision application filed by Sabira Begum, the wife of Kazi Mumtaz Mohiuddin, challenging the order of the Sessions Judg...