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Bombay High Court Allows Wife's Appeal Against Nullity Decree in Hindu Marriage Act Case — Marriage Not Void Ab Initio as Husband Failed to Prove Prior Subsisting Marriage. Court Holds That Section 11 Requires Proof of Valid Prior Marriage, Not Mere Suppression of Past Relationship.

The appellant-wife challenged the judgment and decree dated 29 October 2021 passed by the Family Court, Thane, in Petition No. A-192 of 2017, which de...

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Bombay High Court Upholds Divorce Decree on Grounds of Cruelty Under Hindu Marriage Act — Wife's Threatening and Quarrelsome Behavior Constitutes Mental Cruelty. Custody of Minor Child Retained with Wife with Visitation Rights to Husband.

The appellant-wife challenged the Family Court's judgment dated 20.12.2011 granting divorce to the respondent-husband under Section 13(1)(ia) of the H...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982 Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Does Not Form Part of Deceased's Estate.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Bombay High Court Dismisses Husband's Revision Against Enhanced Maintenance to Divorced Wife Under Domestic Violence Act. Divorced Wife Entitled to Maintenance Under PWDV Act Even After Divorce if Domestic Violence Relates to Period of Domestic Relationship.

The case involves a criminal revision application filed by the husband, Sanjay Bapurao Aarewar, challenging the judgment and order dated 27/4/2021 pas...

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Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...