Search Results for "Subsisting first marriage"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Subsisting first marriage"

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High Court

High Court of Judicature at Bombay, Aurangabad Bench Hears Second Appeals by Original Plaintiff Against First Appellate Court's Decision Declaring Mutation Entries Legal and Binding in a Partition Suit. The Core Issue Involves the Validity of Mutation Entries Under Maharashtra Land Revenue Code, 1966 and Limitation for Challenging Transactions Dating to 1973.

29 Apr 2019

The matter pertained to a partition suit filed by the original plaintiff, the first wife of deceased Shankarrao Budhwant, against his alleged second w...

High Court

Bombay High Court Allows Revision in Succession Case — Marriage of Deceased with Applicant No.1 Proved Valid, Entitling Her and Daughter to Succession Certificate. Court holds that presumption of marriage under Section 114 of Indian Evidence Act, 1872 applies when long cohabitation and public recognition are established, and that the Succession Court cannot decide title but only grant certificate to the person entitled.

3 Oct 2023

The applicants, Smt. Aruna Gautam Kamble and her minor daughter Sneha, filed a Miscellaneous Application under Section 372 of the Indian Succession Ac...

High Court

High Court of Bombay Dismisses Revision Under Domestic Violence Act for Lack of Legally Possible Marriage. Court Holds That Relationship in Nature of Marriage Requires Both Parties to Be Unmarried and That Subsisting First Marriage Bars Relief Under Section 2(f) of Protection of Women from Domestic Violence Act, 2005.

25 Jul 2018

The Criminal Revision Application arose from proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The applicant, a Jai...

High Court

Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982 Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Does Not Form Part of Deceased's Estate.

28 Feb 2019

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

High Court

Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Customary Divorce Not Proved. Wife entitled to maintenance as husband failed to prove valid customary divorce or that wife was living in adultery.

20 Nov 2006

The applicant, Sau. Ashabai Himmatrao Junghare, filed a criminal revision application challenging the order of the Additional Sessions Judge, Achalpur...

High Court

Bombay High Court Allows Appeal in Succession Certificate Dispute — Divorced Wife and Son Entitled to Certificate Over Second Wife and Daughter. Court holds that under Section 372 of the Indian Succession Act, 1925, a divorced wife is not a 'spouse' and cannot claim succession certificate, but the son from the divorced wife is a Class I heir under the Hindu Succession Act, 1956.

29 Sep 2022

The case involves a dispute over a succession certificate for the deceased Vijendra Wagh. Respondent no.1 (Rukhminibai) was the first wife, who divorc...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit Based on Hindu Widow's Remarriage Act, 1856 — Uterine Brother Cannot Claim Share Through Mother Who Remarried. Section 2 of the Hindu Widow's Remarriage Act, 1856 divests a widow of all rights in her deceased husband's property upon remarriage, and a child born from the second marriage cannot claim inheritance through the mother from the first husband's estate.

9 Apr 2024

The present appeal arises out of a suit for partition instituted by Thiyyer Kunnath Meethal Chandu (Chandu) claiming 8/20 shares in a suit property si...

High Court

Bombay High Court Quashes Domestic Violence Complaint Against Married Woman's Paramour — No Domestic Relationship Under DV Act if Complainant is Married and Marriage Subsists. The court held that a married woman cannot claim a domestic relationship with another man under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, as such a relationship is not in the nature of marriage.

27 Jan 2015

The petitioners, Narayan Jangluji Thool, his son Pritam, and daughter Sonali, filed a criminal writ petition before the Bombay High Court at Nagpur se...

High Court

High Court of Karnataka Allows Wife's Revision Petition in Maintenance Case Under Section 125 Cr.P.C. — Second Wife Entitled to Maintenance Despite Invalid Marriage. Court held that a woman in a bigamous marriage is entitled to maintenance under Section 125 Cr.P.C. if she is unable to maintain herself and the husband has neglected her.

29 Jan 2024

The petitioner, Smt. Savithri, filed a revision petition under Section 19 of the Family Courts Act, 1984, challenging the order dated 02.01.2018 passe...

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...

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