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Search Results for "divorcee wife"

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High Court

Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

21 Dec 2023

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was on Ground of Desertion. Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women as There Is No Obligation to Live with Ex-Husband After Divorce.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Interim Maintenance to Wife Under Domestic Violence Act. Court upholds maintenance order holding that wife's earning does not absolve husband's obligation to maintain under Section 20 of Protection of Women from Domestic Violence Act, 2005.

5 Aug 2019

The petitioner, Akhtar Jafar Bagwan, challenged the order of the Judicial Magistrate First Class, Cantonment Court, Pune, dated 27 March 2017, which d...

High Court

Bombay High Court Allows Husband's Petition to Set Aside Ex-Parte Maintenance Order in Section 125 CrPC Proceedings — Failure to Provide Opportunity of Hearing Violates Principles of Natural Justice. The Court remanded the matter for fresh hearing after finding that the Magistrate did not ensure proper service or record reasons for proceeding ex-parte.

16 Mar 2018

The petitioner, Rameshwar Sandu Kachkure, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging an ex-parte order...

High Court

Bombay High Court Upholds Life Conviction for Murder Under Section 302 IPC, Acquits Co-Accused for Lack of Common Intention. Conviction based on credible eyewitness testimony and medical evidence; acquittal of others due to absence of proof of common object under Section 149 IPC.

14 Jul 2017

The case involves three appeals arising from a single judgment of the trial court. The appellant Ishwar Baliram Hude was convicted under Sections 302 ...

High Court

Bombay High Court Quashes Rape and Cheating Case Against Applicant in Matrimonial Portal Dispute — No Prima Facie Case of Rape or Deception Established. Relationship was Consensual and Complainant was Aware of Applicant's Marital Status and Identity.

6 May 2015

The applicant, Nandan Sadanand Bendarkar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of ...

High Court

Bombay High Court Quashes FIR for Attempt to Murder in Family Property Dispute — No Prima Facie Case Under Section 307 IPC. Allegations of poisoning and assault found to be exaggerated and unsupported by medical evidence, leading to quashing of criminal proceedings.

29 Jul 2010

The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 158/20...

High Court

Bombay High Court Quashes FIR Against Husband in Matrimonial Dispute — Consent Terms for Quashing of Cross FIRs Upheld Despite Non-Deposit of Amount Due to Wife's Refusal to Accept. The Court held that the wife's refusal to accept the deposited amount and filing a fresh FIR constituted an abuse of process, and the earlier consent terms were binding.

8 Jul 2010

The petitioner, Rakesh Lilaram Rohira, and respondent no. 2, Priyanka Rakesh Rohira, were married on 14 July 2006. After about a year of cohabitation,...

High Court

Bombay High Court Allows Revision in Maintenance Case Under Section 125 CrPC — Family Court's Order Set Aside for Lack of Reasons and Confusion. Wife and Daughter's Maintenance Claim Remanded for Fresh Consideration as Family Court Erred in Rejecting Application Without Proper Reasoning and on Erroneous Grounds.

11 Jan 2010

The case involves a revision petition filed by Smt. Chandrakala (divorcee) and her minor daughter Indira against the judgment and order dated 6.7.2005...

High Court

Bombay High Court Allows Revision in Muslim Divorcee Maintenance Case — Husband Liable to Pay Maintenance Beyond Iddat Period Under Section 3(2) of Muslim Women (Protection of Rights on Divorce) Act, 1986. The court held that a reasonable and fair provision for future maintenance must be made, and the Sessions Judge erred in reducing it to only the iddat period.

20 Oct 2006

The applicant, Shabana Parveen, filed a Criminal Revision Application under Section 482 read with Section 397 of the Criminal Procedure Code, challeng...

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