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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Daughter from Mother — Custody Dispute Between Parents Not Maintainable as Habeas Corpus When Child is in Mother's Custody and Not Illegally Detained.

The petitioner, Gaurav Raj Jain, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

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High Court of Karnataka Allows Daughter's Maintenance Claim Under Section 125 CrPC Against Father Despite Muslim Personal Law. The court held that Section 125 CrPC overrides personal law and a major unmarried daughter unable to maintain herself is entitled to maintenance from her father.

The petitioner, Meharunnisa, an unmarried major Muslim daughter, filed a petition under Section 482 CrPC challenging the order of the Fast Track Court...

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Bombay High Court Dismisses Husband's Appeal in Divorce Case Due to Lack of Evidence of Cruelty and Desertion. Wife's Counterclaim for Restitution of Conjugal Rights Upheld with Maintenance for Minor Son Under Hindu Marriage Act, 1955.

The appellant-husband filed a Family Court Appeal challenging the judgment and order of the Family Court, Thane, which dismissed his Marriage Petition...

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Bombay High Court Upholds DNA Test Order in Divorce Case to Determine Paternity of Child Born from Second Marriage. The court held that DNA test is a scientific method to determine paternity and is in the interest of justice to ascertain the truth under Section 13 of the Hindu Marriage Act, 1955.

The petitioner-husband, Sunil Eknath Trambake, and the respondent-wife, Leelavati Sunil Trambake, were married on 4th April 1986 and had a female chil...

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Bombay High Court Allows Quashing of Criminal Case in Hit-and-Run Accident Due to Lack of Evidence and Compromise. Petitioner accused under Sections 279 and 338 IPC discharged as no eyewitness or material to prove rash driving, and victim did not support prosecution.

The petitioner, accused in C.C.No.1058/PS/2016 for offences under Sections 279 and 338 of the Indian Penal Code, filed a writ petition under Article 2...

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Bombay High Court Upholds Maintenance Award to Wife Despite Divorce Agreement — Estoppel Cannot Bar Statutory Right Under Section 125 CrPC. Husband's Argument of Waiver via Farkatnama Rejected as Agreement Cannot Override Statutory Maintenance Obligation.

The case involves a criminal revision application filed by the husband, Vilas Bhagaji Aware, against the judgment of the Sessions Judge, Buldana, whic...

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Bombay High Court Allows Revision Application in Hindu Marriage Act Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service. Service by affixture without prior attempts at personal service is not sufficient compliance with Order 5 Rule 17 CPC.

The revision applicant, Kishore @ Sundar s/o Rupchand Gujar, filed a Hindu Marriage Petition No. 96 of 2007 seeking divorce from his wife, Archana w/o...