Search Results for "appeal against maintenance"

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Search Results for "appeal against maintenance"

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High Court

High Court of Karnataka Allows Revision Petition in Domestic Violence Case — Sets Aside Appellate Order for Lack of Proper Application of Mind. The court held that the appellate court's judgment was divergent and not sustainable under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005.

19 Jan 2016

The case involves a criminal revision petition filed by Sri Ramachandrachar against an order dated 23.12.2011 passed by the Presiding Officer, Fast Tr...

High Court

Bombay High Court Quashes Maintenance Proceedings Under Section 125 CrPC Due to Prior Decree for Restitution of Conjugal Rights and Abuse of Process. Husband's Petition for Restitution Granted, Wife's Failure to Comply Renders Maintenance Claim an Abuse of Process.

22 Jan 2014

The applicant, Raju Rathod, husband of respondent no.1 Rekha, filed a criminal application under the inherent powers of the High Court seeking quashin...

Supreme Court

Supreme Court Allows Maintenance to Wife in Second Marriage Despite Pendency of Appeal Against Divorce Decree — Marriage Not Void Under Hindu Marriage Act When No Stay on Decree. The Court held that Section 125 CrPC maintenance cannot be denied solely on the ground that the marriage was solemnized during the pendency of an appeal against a divorce decree, as the earlier marriage stood dissolved and the second marriage did not contravene Section 5(i) of the Hindu Marriage Act.

14 Feb 2020

The appeal arises from a judgment of the Telangana High Court dismissing the appellant's criminal revision against the rejection of her maintenance ap...

High Court

Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

3 Apr 2018

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Maintenance Order Under Section 125 CrPC — Husband's Plea of No Income Rejected as Wife Entitled to Maintenance Despite Earning Capacity. The court held that the husband's capacity to earn is relevant, not actual income, and the wife's own income does not absolve the husband from liability.

8 Feb 2018

The petitioner, Bhagwat Pitambar Borse, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order dated 23.0...

High Court

High Court Dismisses Writ Petition Challenging Eviction Order Under Senior Citizens Act, Upholding Tribunal's Jurisdiction. The court held that eviction can be ordered without a separate maintenance claim as provision for residence falls within the definition of maintenance under Section 2(b) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to ensure the senior citizen's peaceful life.

5 Mar 2026

The dispute arose from a writ petition under Article 227 of the Constitution of India, challenging orders from the Appellate Tribunal and Maintenance ...

High Court

High Court of Karnataka Dismisses Father's Appeal Against Maintenance Order for Unmarried Daughter Under Hindu Adoption and Maintenance Act — Daughter Entitled to Maintenance Until Marriage as Obligation Under Section 20(3)

12 Sep 2019

The appellant, Sadashivananda S/o Kashappa Dandin, filed an appeal under Section 19(1) of the Family Courts Act, 1984, against the judgment and decree...

High Court

Bombay High Court Allows Wife's Maintenance Revision Under Section 125 CrPC Despite Dismissal of Divorce Petition. Family Court erred in denying maintenance on ground of wife's unwillingness to reside with husband without considering her justified refusal.

5 Oct 2017

The applicant, Sau. Alka w/o Hemraj Khode, filed a criminal revision application under Section 19(4) of the Family Courts Act, 1984, aggrieved by the ...

High Court

Bombay High Court Upholds Maintenance of Rs.1500 per Month in Domestic Violence Case. The court held that the wife is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, and the quantum is not excessive.

22 Dec 2018

The case involves a wife, Mrunal Talmale, who filed an application under the Protection of Women from Domestic Violence Act, 2005, seeking maintenance...

High Court

High Court of Karnataka Allows Revision Petitions in Domestic Violence Case — Sets Aside Appellate Order for Lack of Jurisdiction and Remands for Fresh Consideration. The Appellate Court under Section 29 of the Protection of Women from Domestic Violence Act, 2005, modified the interim maintenance without recording reasons, which was held to be illegal and improper.

3 Aug 2017

The case involves two criminal revision petitions filed by Kasturi (wife) and Subhas (husband) against orders passed under the Protection of Women fro...

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