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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Child from Mother. Habeas Corpus Not Maintainable for Child Custody Between Parents; Remedy Lies Under Guardians and Wards Act, 1890.

The petitioner, Dr. Shreyas Dilip Mandre, filed a writ of habeas corpus before the Bombay High Court seeking production of his minor child 'N' from th...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Incorrect Salary and Deduction Calculation. Compensation enhanced from Rs.6,13,792 to Rs.10,78,735 by adopting actual salary of Rs.6,495 and 1/4th personal expense deduction under Section 166 of Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 19/01/2015 passed by the Claims Tribunal, Chandrapur in M.A.C.P. No.112/2006, whereby the Tribunal p...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Death of Third Party. Insurer Liable Under Section 166 of Motor Vehicles Act, 1988 Despite Stationary Vehicle, as Negligence of Other Driver Proved.

The case arises from a motor accident claim filed by the sons of the deceased, Rukminibai Ramayya Kamtam, who died in a road accident on 16 April 2010...

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Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Instigation Evidence. Conviction under Section 306 IPC set aside as prosecution failed to prove active abetment, but conviction under Section 498A IPC for cruelty upheld based on deceased's dying declaration.

The case involves an appeal against the conviction of three accused (husband, father-in-law, and mother-in-law) for offences under Sections 306 and 49...

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Bombay High Court Allows Appeal Against Family Court Order Returning Guardianship Petition for Lack of Jurisdiction. Family Court at Nagpur Has Jurisdiction Under Section 9(1) of Guardians and Wards Act, 1890 as Minor Ordinarily Resided in Nagpur.

The appellant, Shri Prakash Balkrishna Naidu, filed a petition under Sections 7, 12 and 25 of the Guardians and Wards Act, 1890 before the Family Cour...

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Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...