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High Court of Bombay Upholds Maintainability of Application Under Section 20 DV Act in Specific Relief Act Suit; Relying on Section 26, Court Holds Such Monetary Relief Can Be Sought in Any Pending Legal Proceeding

The dispute arose from a matrimonial conflict between the husband and wife, married in 1997, with two children. The wife had filed Petition B No.2/201...

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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.

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...

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Bombay High Court Considered Challenge to Termination of Child Welfare Committee Members for Alleged Misuse of Power in Foster Care and Adoption. Statutory Power Under Section 27(7) of Juvenile Justice (Care and Protection of Children) Act, 2015 Required Inquiry and Natural Justice Before Termination.

Background: The writ petition arose from termination of the Chairperson and members of the Child Welfare Committee (CWC), Jalna by a Government Notifi...

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High Court of Bombay Answers Reference on Applicability of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Bench Composition for Section 14-A Appeals. Reference Arises from Multiple Criminal Appeals Concerning Bail Orders in Atrocities Act Cases.

Background: The High Court of Bombay was seized of multiple criminal appeals arising under the Scheduled Castes and Scheduled Tribes (Prevention of At...

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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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Bombay High Court Dismisses Husband's Challenge to Amendment in Restitution of Conjugal Rights Petition. Amendment Seeking to Add Grounds of Cruelty Based on Extra-Marital Relationship Held Permissible as It Does Not Introduce New Cause of Action Under Order 6 Rule 17 CPC.

The petitioner, Ariz Kohli, and the respondent, Tehzeeb Kohli, were married on 20 January 2002 under Muslim rites and have a son born on 1 August 2004...

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Bombay High Court Dismisses Revision in Domestic Violence Case — No Domestic Relationship After Divorce. Wife's Application Under Sections 12 and 18 of Protection of Women From Domestic Violence Act, 2005 Rejected as She Was Not Living with Husband After Divorce Granted in 2008.

The case involves a criminal revision application filed by Smt. Sadhana Walwatkar against the dismissal of her application under Sections 12 and 18 of...