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Search Results for "appeal against maintenance"

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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...

High Court

Karnataka High Court Dismisses Revision Petition in Maintenance Case Under Section 125 CrPC — Upholds Concurrent Findings of Neglect and Refusal to Maintain. Wife's Entitlement to Maintenance Affirmed Despite Husband's Claim of Second Marriage and Alleged Adultery.

24 Jan 2019

The petitioner, Smt. Shakuntala, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, c...

High Court

Bombay High Court Upholds Maintenance for Wife in Section 125 Cr.P.C. Case Despite Husband's Denial of Marriage. Court Confirms that Standard of Proof for Marriage in Maintenance Proceedings is Preponderance of Probabilities, Not Proof Beyond Reasonable Doubt.

10 Oct 2018

The case involves a Criminal Revision Application filed by the husband (applicant) challenging the order of the Sessions Court granting maintenance of...

High Court

Bombay High Court Dismisses Husband's Revision Against Maintenance Award to Wife and Minor Daughter. Quantum of Maintenance Upheld as Not Excessive Under Section 24 of Hindu Marriage Act, 1955.

12 Jan 2023

The case involves a criminal revision filed by the husband against the judgment and order dated 26th June 2019 passed by the Family Court at Nagpur in...

High Court

Bombay High Court Partially Allows Petition Challenging Stay Order in Maintenance and Custody Case — Refuses to Stay Monthly Maintenance and Custody Direction While Staying Compensation and Return of Gold Ornaments. The court upheld the appellate court's discretion to grant partial stay under Section 125 CrPC, emphasizing the wife's right to maintenance and child custody.

31 Jul 2019

The petitioners, six family members including the husband and his relatives, challenged an order dated 15/06/2018 (actually 12/06/2018) passed by the ...

High Court

High Court of Karnataka Allows Husband's Revision in Maintenance Case, Sets Aside Enhanced Maintenance Award. Wife's Cross-Revision Dismissed as Enhancement Was Not Justified Under Section 125 Cr.P.C.

23 Aug 2023

The case involves a husband, Sri G. Kalasegowda, and his wife, Smt. N.K. Nethravathi, who were married and later separated. The wife filed a petition ...

High Court

Bombay High Court Allows Wife's Appeal for Maintenance Despite Void Marriage Under Hindu Marriage Act. Section 25 of Hindu Marriage Act, 1955 Entitles Wife to Maintenance Even if Marriage is Declared Void Ab Initio.

19 Sep 2006

The appellant-wife filed a petition under Section 11 of the Hindu Marriage Act, 1955 seeking a declaration that her marriage with the respondent-husba...

High Court

High Court of Karnataka Allows Petition of Wife and Minor Son Seeking Arrears of Maintenance Under Section 128 Cr.P.C. — Trial Court Erred in Dismissing Petition Without Considering Admission of Maintenance Order by Respondent.

5 Nov 2020

The petitioners, Smt. Huligewwa @ Huligemma and her minor son Manjunath, filed a criminal petition under Section 482 Cr.P.C. challenging the order dat...

High Court

High Court of Karnataka Allows Writ Petition Challenging Interim Maintenance Order in Partition Suit — Inherent Power Under Section 151 CPC Cannot Be Used to Grant Maintenance Without Specific Provision. Court holds that interim maintenance cannot be granted in a partition suit under Section 151 CPC as there is no specific provision for such relief.

14 Mar 2019

The petitioners, defendants 1 to 4 in a partition suit, challenged an order dated 17.11.2018 passed by the LXXIII Additional City Civil and Sessions J...

High Court

High Court of Karnataka Upholds Father's Obligation to Maintain Unmarried Daughter Under Hindu Adoption and Maintenance Act — Family Court's Maintenance Award Upheld. The court held that Section 20 of the Hindu Adoption and Maintenance Act, 1956, imposes a duty on the father to maintain his unmarried daughter, and the maintenance granted by the Family Court was justified.

12 Sep 2019

The case involves an appeal filed by the father, Sadashivananda S/o Kashappa Dandin, against the judgment and decree dated 09.11.2016 passed by the Pr...

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