Search Results for "maintenance arrears"

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Search Results for "maintenance arrears"

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High Court

High Court of Karnataka Quashes Arrest Warrant in Maintenance Case — Failure to Consider Objections and Lack of Proper Service Render Order Unsustainable. Family Court directed to reconsider husband's objections in proceedings under Section 125 CrPC after ensuring proper service of notice.

28 Apr 2026

The petitioner, Sri Sailesh Kumar, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengalur...

Supreme Court

Supreme Court Dismisses Appeal in Hindu Succession Act Property Dispute — Life Interest Not Enlarged to Absolute Ownership Under Section 14(1). Property Given as Life Interest Without Pre-existing Right Falls Under Section 14(2) of Hindu Succession Act, 1956.

22 Nov 2024

The dispute arose between two branches of the same family over succession to agricultural land. The appellant-defendant (since deceased, represented b...

High Court

High Court of Karnataka Reduces Interim Maintenance from Rs.60,000 to Rs.25,000 per Month in Hindu Marriage Act Case — Husband's Income and Wife's Earning Capacity Considered. The court held that interim maintenance under Section 24 of the Hindu Marriage Act, 1955 must be based on actual income and not on exaggerated claims, and the wife's earning capacity must be considered.

31 Oct 2023

The petitioner-husband challenged an order dated 07.09.2023 passed by the Principal Judge, Family Court, D.K., Mangalore in M.C.No.512 of 2022 connect...

High Court

Bombay High Court Partly Allows Writ Petition in Leave and Licence Dispute — Directs Payment of Licence Fees at Contractual Rate with 7.5% Annual Escalation. The court modified the trial court's order under Order XV-A CPC to include escalation and maintenance charges as per separate agreements.

8 Nov 2019

The petitioners (defendants in the suit) challenged an order dated 01/01/2019 passed by the Small Causes Court, Nagpur, which partly allowed their app...

High Court

Bombay High Court Dismisses Husband's Petition in Maintenance Execution Case — Offer to Maintain After Final Order Not Permissible. Second Proviso to Section 125(3) CrPC Cannot Be Invoked After Final Maintenance Order Under Section 125(1) CrPC.

18 Feb 2019

The petitioner, Shivaji Tukaram Davargave, filed a Criminal Writ Petition before the Bombay High Court challenging the orders of the Magistrate and th...

High Court

Bombay High Court Partially Allows Revision in Maintenance Enhancement Case Under Section 127 CrPC — Refuses to Grant Maintenance from Date of Application. Family Court's Discretion to Award Maintenance from Date of Order Upheld Unless Exceptional Circumstances Exist.

8 Aug 2018

The applicants, wife and two minor children, filed a revision under Section 397 read with Section 401 CrPC against the order of the Family Court, Aura...

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 of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

24 Jan 2018

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

High Court

Bombay High Court Allows Wife's Petition for Interim Maintenance Under Hindu Marriage Act, Setting Aside Family Court Order That Failed to Consider Wife's Income and Husband's Obligation. The Court directed the husband to pay Rs. 5,000 per month for the wife and Rs. 3,000 per month for the daughter from the date of application.

6 Nov 2017

The petitioner, Anuja Lalit Bhowar, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 24th February 201...

High Court

Bombay High Court Allows Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act.

22 Mar 2017

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) a...

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