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Bombay High Court Allows Wife to File Counterclaim for Restitution of Conjugal Rights and Reliefs Under Domestic Violence Act in Pending Divorce Proceeding — Limitation Under Order VIII Rule 6A CPC Not Applicable to Counterclaim Under Section 23A of Hindu Marriage Act, 1955

The petitioner, Ruchi Gour, wife of Bhanupratapsingh Gour, filed a writ petition challenging an order dated 27-07-2016 passed by the Family Court, Nag...

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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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Bombay High Court Dismisses Husband's Appeal in Divorce Case — Concurrent Findings of No Cruelty or Desertion Upheld. Allegations Under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 Not Proven.

The appellant-husband, Satish Dhudku Halnor, filed a second appeal before the Bombay High Court challenging the concurrent judgment and decree dismiss...

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Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

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Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...

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Bombay High Court Quashes Externment Order for Defective Show Cause Notice Under Section 59 Bombay Police Act, 1951. Show Cause Notice Failed to Specify Particulars of Offences and Witnesses, Violating Natural Justice.

The petitioner, Hanuman Rajaram Mhatre, a resident of Dombivli, Thane, challenged the externment order passed by the Deputy Commissioner of Police, Zo...