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Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882.

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the d...

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Bombay High Court Dismisses Father's Petition Challenging Cancellation of Access to Minor Daughters. Child's Welfare Paramount Over Parental Right to Access Under Guardian and Wards Act, 1890.

The petitioner husband, Vinod Gulshandev Chopra, challenged the order of the Family Court No.5, Mumbai dated 31st March 2011, which modified the acces...

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Bombay High Court at Goa Allows Revision Petition in Section 133 CrPC Right of Way Dispute. Dispute over easementary rights between Mundkars held to be of civil nature, not amenable to summary proceedings under Section 133 CrPC.

The case involves a criminal revision petition filed by Shri Laxman alias Bala Govekar (petitioner) against an order of the learned Sessions Judge, Ma...