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Search Results for "DMC Act"

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High Court

Madras High Court Dismisses Writ Petition Challenging Section 13 of Family Courts Act, 1984 as Unconstitutional. The court held that Section 13 does not impose an absolute bar on legal representation and is consistent with the Constitution, following established precedent.

5 Mar 2025

The writ petition was filed under Article 226 of the Constitution by Vijaya Vaishnavi Sriram seeking a declaration that Section 13 of the Family Court...

High Court

Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing.

26 Feb 2024

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentenc...

High Court

Bombay High Court Quashes Anti-Dumping Duty Recommendation on Flexible Slabstock Polyol from Saudi Arabia and UAE — Violation of Principles of Natural Justice and Failure to Consider Relevant Material. The Designated Authority's final findings dated 01.09.2020 were set aside for non-consideration of the petitioners' submissions and reliance on unsubstantiated data, remanding the matter for fresh consideration.

6 Jan 2021

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the final findings dated 01.09.2020 of the D...

High Court

Bombay High Court Quashes Ex Parte Order Restraining Husband from Entering His Own Residence in Domestic Violence Case. Order Passed Without Notice Violates Principles of Natural Justice Under Section 23(2) of Protection of Women from Domestic Violence Act, 2005.

18 Oct 2019

The petitioner, Siddharth Sabharwal, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court challe...

High Court

Bombay High Court Allows Wife to File Mutual Divorce Petition Through Power of Attorney Holder Under Section 13B of Hindu Marriage Act, 1955. The court held that a power of attorney holder can sign and verify a petition for divorce by mutual consent when the spouse is residing abroad, as the requirement of personal presence is not mandatory at the filing stage.

6 Apr 2018

The petitioner, Harshada Bharat Deshmukh, an Indian citizen residing abroad, filed a writ petition challenging the order of the Principal Judge, Famil...

High Court

Bombay High Court Dismisses Husband's Second Appeal in Marriage Annulment Case — Marriage Not Voidable for Lack of Free Consent Under Section 12 of Hindu Marriage Act, 1955. Allegations of coercion and criminal proceedings pressure rejected as consent was given with full knowledge and without immediate threat.

23 Dec 2015

The appellant husband, Mangesh Balkrushna Bhoir, filed a second appeal against the order of the Lower Appellate Bench which dismissed his petition for...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Court Holds That Isolated Instances of Abnormal Behavior Without Medical Evidence Do Not Constitute Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

6 Jan 2015

This appeal arises from a judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the marriage between the appell...

High Court

Bombay High Court Allows Wife's Appeal Against Divorce Decree in Cruelty Case, Sets Aside Dissolution of Marriage. Husband's Petition for Nullity on Ground of Fraud Dismissed as Suicidal Tendency Not Concealed.

6 Jan 2015

The case involves an appeal by the wife against the judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the m...

High Court

Bombay High Court Dismisses Husband's Appeal Against Divorce by Mutual Consent — Consent Once Given Cannot Be Unilaterally Withdrawn Without Just Cause Under Hindu Marriage Act, 1955. The court upheld the Family Court's decree of divorce by mutual consent despite the husband's subsequent withdrawal, holding that the Family Court had correctly found the consent to be free and voluntary.

6 May 2011

The appeal arose from a divorce petition filed by the wife on the ground of cruelty. During pendency, the parties executed consent terms on 6 October ...

High Court

Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

6 Nov 2006

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

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