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Bombay High Court Allows Condonation of 381 Days' Delay in Filing Appeal Against Divorce Decree — Wife's Ignorance of Ex-Parte Decree Constitutes Sufficient Cause. Delay condoned as wife was unaware of the decree and learned of it only during DV Act proceedings, and no prejudice caused to husband.

The present Civil Application was filed by the applicant-wife seeking condonation of 381 days' delay in filing the Family Court Appeal against the jud...

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Supreme Court Partially Allows Father's Appeal in Child Visitation Rights Dispute - Emphasizes Child Welfare Over Legal Technicalities. The Court Remands Matter to High Court for Fresh Consideration with Expert Assistance to Ascertain Children's Wishes.

The case involves a custody and visitation rights dispute between Soumitra Kumar Nahar (appellant-husband) and Parul Nahar (respondent-wife). The coup...

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Bombay High Court Allows Transfer of Divorce Petition from Kalyan to Pune in Favor of Wife. Wife's Convenience and Pending Related Proceedings at Pune Outweigh Husband's Choice of Forum Under Section 24 CPC.

The applicant wife, Smt. Priyanka Patro, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proce...

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Gujarat High Court Allows Transfer of Family Suit in Matrimonial Dispute on Grounds of Wife's Convenience and Pending Proceedings at Patan. Transfer of Restitution of Conjugal Rights Suit from Mahesana to Patan under Section 24 CPC to Avoid Multiplicity and Hardship.

The applicant-wife filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. ...

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Madras High Court Quashes Charges Against Relatives in Dowry Harassment Case Due to Vague Allegations — Proceedings under Sections 498A, 294(b), 403, 34 IPC Set Aside for Accused 2 to 5 as Allegations Were Omnibus and Lacked Specific Overt Acts.

The petitioners, Kanagarathinam Thangammal (A2), Manonmani (A3), Jeyanthi Jebastin (A4), and Jebastin (A5), filed a Criminal Original Petition under S...

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Supreme Court Dismisses Transfer Petitions in Matrimonial Dispute Due to Lack of Exceptional Circumstances. Wife's request to transfer multiple pending cases from Solan to Delhi rejected as balance of convenience and hardship did not justify transfer.

The case involves a matrimonial dispute between the petitioner wife, Ankita Bhati, and the respondent husband, Dev Raj Singh Bhati. The wife filed two...

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Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing.

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentenc...

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Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...

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Bombay High Court Allows Husband's Application to Dismiss Wife's Maintenance Petition Under Section 12 of Protection of Women from Domestic Violence Act, 2005 for Non-Prosecution. Wife's Cross-Application for Enhancement of Maintenance Dismissed as Withdrawn Due to Non-Appearance.

The case involves two miscellaneous civil applications arising from proceedings under the Protection of Women from Domestic Violence Act, 2005. The hu...