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Search Results for "foreign divorce"

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High Court

Bombay High Court Hears Challenge to Anti-Suit Injunction Restraining Husband from Pursuing Divorce Case in Dubai; Examines Principles of Comity, Forum Conveniens, and Multiplicity of Proceedings Under CPC and Specific Relief Act. The family court’s order ignoring the habitual residence of the wife and child in a foreign jurisdiction was under scrutiny for failing to apply the principles of comity and forum conveniens.

29 Apr 2013

The dispute arose out of a matrimonial conflict between husband and wife, both Indian nationals, who were married in India and last resided together i...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

Supreme Court

Supreme Court Declares Marriage Invalid Due to Absence of Requisite Ceremonies Under Section 7 of Hindu Marriage Act, 1955. Parties Obtained Marriage Certificates Without Performing Saptapadi or Other Rites, Rendering Certificates Null and Void.

10 May 2024

The Supreme Court dealt with a transfer petition filed by the wife seeking transfer of a divorce petition from Muzaffarpur, Bihar to Ranchi, Jharkhand...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Stridhan Case Due to Lack of Locus Standi and Inordinate Delay. Father of divorced daughter cannot file complaint for recovery of stridhan when daughter is alive and capable, and marital issues were settled in divorce decree.

20 Sep 2024

The Supreme Court allowed the appeal filed by the former in-laws of the complainant's daughter, quashing criminal proceedings under Section 406 IPC an...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

High Court

Bombay High Court Quashes Cancellation of PIO Card for British National in Divorce Dispute — Violation of Natural Justice as No Opportunity of Hearing Given Before Surrender Order. The court set aside the orders of the Ministry of Home Affairs directing surrender of the Person of Indian Origin Card, holding that the petitioner was not heard before the adverse order was passed.

4 Oct 2018

The petitioner, a British national, was married to respondent no.4, an African national holding a Person of Indian Origin (PIO) Card. On 29 December 1...

High Court

Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

13 Apr 2018

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...

Supreme Court

Supreme Court Partially Allows Husband's Appeal in Maintenance Dispute Under Hindu Marriage Act — Upholds Independent Jurisdiction of Sections 24 and 26 Post-Withdrawal of Divorce Petition. The Court reduced maintenance for the adult son from ₹35,000 to ₹25,000 per month and set aside the 10% escalation clause, while affirming that Sections 24 and 26 of the Hindu Marriage Act, 1955 survive withdrawal of the main petition.

13 Dec 2024

The present appeals arise from a matrimonial dispute between Parvin Kumar Jain (appellant-husband) and Anju Jain (respondent-wife). The parties were m...

High Court

Bombay High Court Allows Quashing of FIR in Matrimonial Dispute Due to Settlement and Divorce by Mutual Consent. The Court held that non-compoundable offences under Section 498A IPC can be quashed under Section 482 CrPC to secure the ends of justice when parties have genuinely settled.

18 Apr 2017

The petitioner-husband filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 282/2012 re...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

27 Sep 2022

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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