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High Court of Karnataka Allows Transfer of Divorce Petition Under Section 24 CPC on Grounds of Convenience and Hardship to Wife. The court held that the convenience of the wife, who is a woman, should be considered and that the distance of 130 kms justified the transfer.

The petitioner, Smt. Sushmitha B.L. @ Uma, filed a petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of M.C. No. 7/2023...

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Bombay High Court Allows Husband's Petition in Maintenance Dispute Under Hindu Marriage Act — Reduces Pendente Lite Maintenance from Rs. 20,000 to Rs. 10,000 Per Month. Court Held That Maintenance Must Be Based on Wife's Needs and Husband's Actual Income, Not Merely on Alleged Business Turnover.

The petitioner-husband, Harish Nandlal Gaba, challenged the order dated 2.12.2010 passed by the Principal Judge, Family Court, Nagpur, directing him t...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Fraud Dispute. Serious Allegations of Misappropriation Render Dispute Non-Arbitrable Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The Applicant, Ivory Properties & Hotels Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking ap...

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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator Despite Non-Compliance with Pre-Arbitration Procedure. Respondent's Failure to Object to Invocation of Arbitration Constitutes Waiver of Condition Precedent Under Clause 67 of General Conditions of Contract.

The applicant, M/s. Madhav Structural Engineering Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Allows Husband to Withdraw Divorce Petition with Liberty to File Fresh Petition Due to Defective Pleadings. Order 23 Rule 1(3) CPC permits withdrawal with liberty if formal defect exists; Family Court's refusal to grant liberty was erroneous.

The petitioner, Neeraj M. Gwalani, filed a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on 16 Februar...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Isolated instances of verbal abuse and filing of false complaints do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 20.5.1994 at Sumerpur, Rajasthan according to Hindu Vedic rites. After marriage, the wife re...

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Bombay High Court Dismisses Writ Petition Challenging Court Receiver's Appointment in Partnership Dispute. No Jurisdictional Error Found in Order Appointing Receiver Over Partnership Property Under Order 40 Rule 1 CPC.

The case arises from a suit for dissolution of partnership and accounts filed by the respondent-plaintiff against the partnership firm and its partner...