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KAHC010366622012_1

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Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery — Limitation is a Mixed Question of Fact and Law Not Decided at Threshold. Plaint Averments Show Cause of Action Arose in 2010, Suit Filed Within Three Years, Not Barred by Limitation.

The applicants (original defendants) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order ...

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Bombay High Court Allows Husband's Petition Challenging Interim Maintenance Order in Section 125 CrPC Proceedings. Court sets aside Family Court's order granting interim maintenance to wife and daughter, remanding matter for fresh consideration with opportunity to cross-examine.

The petitioner, Vikas Balakdas Mahant, challenged an order dated 16th October 2014 passed by the Family Court No.1, Nagpur, in Petition No. E-472 of 2...

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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Bombay High Court Allows Husband's Petition to Quash Maintenance Order Due to Wife's Remarriage Under Section 125 CrPC. Remarriage after divorce terminates the right to maintenance from former husband.

The petitioner, Dinkar Fakirrao Adhav, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay High C...

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Bombay High Court Considers Transfer Application Under CPC Section 24 in Trademark Infringement Suit — Maintainability of Interim Application Questioned. Registrar of Trade Marks' Status as Subordinate Court Under CPC and Proper Forum for Transfer Application Examined.

The matter concerns an application for transfer of trademark rectification proceedings from the Registrar of Trade Marks to the Bombay High Court, to ...

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Bombay High Court Dismisses Husband's Petition Seeking Cancellation of Maintenance; Holds Wife's Past Adultery Does Not Permanently Bar Claim Under Section 125 CrPC. Wife's Entitlement to Maintenance Revives Upon Cessation of Adultery and Proof of Destitution.

The present criminal writ petition arose from a matrimonial dispute between the petitioner-husband and his former wife, respondent No.1. The parties w...