Search Results for "marriage validity"

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Search Results for "marriage validity"

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High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Finding of Joint Family Property and Rejects Claim of Prior Partition. The court held that the suit properties were ancestral joint family properties and that the alleged prior partition was not proved, thereby affirming the decree for partition and separate possession.

6 Jun 2025

The case involves a dispute over partition of properties claimed to be ancestral joint family properties. The appellants (plaintiffs) filed a suit for...

High Court

Bombay High Court Upholds Validity of Marriage Certificate Under Special Marriage Act Despite Non-Compliance of 30-Day Residence Requirement. Marriage Certificate is Conclusive Evidence of Legality and Solemnity Until Set Aside by Competent Authority.

28 Feb 2025

The petitioner, Priyanka Tarapad Bannerji, filed a writ petition under Article 226 of the Constitution of India after the German Embassy rejected her ...

High Court

Bombay High Court Quashes Cancellation of Caste Validity Certificate and Rejection of Nomination in Lok Sabha Elections — Caste Scrutiny Committee Lacks Power of Review Under Section 7 of Maharashtra Caste Certificate Act, 2000. The Court held that a validity certificate issued under Section 6 of the Act cannot be cancelled by the Committee without express statutory authority and without following principles of natural justice.

24 Sep 2024

The petitioner, Rashmi Barve, a Zilla Parishad member, had obtained a caste validity certificate dated 17/02/2020 from the District Caste Certificate ...

High Court

Bombay High Court Dismisses Wife's Second Appeal Against Refusal to Condon Delay in Challenging Divorce Decree — Remarriage of Husband After Expiry of Limitation Period Renders Appeal Infructuous Under Section 15 of Hindu Marriage Act, 1955.

29 Aug 2024

The present second appeal was filed by the appellant/wife against the judgment and order dated 15/09/2021 passed by the learned District Judge-10, Aur...

Supreme Court

Supreme Court Allows Appeal of Widow and Children for Family Pension Despite Bigamous Marriage — Second Marriage Valid After Divorce from First Wife, Entitlement to Pensionary Benefits Upheld. The court held that the marriage of appellant No.1 with the deceased, though void at inception due to subsistence of earlier marriage, became valid after the divorce of the first wife, and the appellants are entitled to family pension under the Army Pension Regulations.

22 Aug 2023

The case pertains to a dispute over family pension of Late Subedar Pundalik Bhave, who served in the Indian Army. The appellants are Smt. Shiramabai (...

High Court

Bombay High Court Dismisses Petition Challenging Denial of Compassionate Appointment Due to Third Child Born After 2001. Clause-E of Government Resolution dated 28-3-2001 held constitutional and not violative of Article 14 as it promotes family planning.

19 Apr 2023

The petitioner, Musaddique Ahmad Khan, is the son of a deceased Assistant Teacher, Muqaddar Khan Mumtaz Khan, who died in harness on 2 September 2015....

High Court

Bombay High Court Allows Family Pension to Widow Despite Bigamous Marriage Prior to Hindu Marriage Act, 1955 — Marriage Valid Under Custom, Not Void Ab Initio. The court held that a marriage performed before the Act is not void and the widow is entitled to family pension under Rule 116 of Maharashtra Civil Services (Pension) Rules, 1982.

1 Dec 2021

The petitioner, Kanta Anant Dhayarkar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quash...

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 Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage.

9 Mar 2017

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriag...

High Court

Bombay High Court Holds Amendment to Section 17 of Indian Divorce Act, 1869 Ousting Confirmation Requirement is Retrospective — Reference for Confirmation of Dissolution Decree Renders Infructuous. The amendment deleting the requirement of High Court confirmation of dissolution decrees applies to pending matters, making the reference infructuous.

9 May 2014

The case involves a First Appeal and a Reference arising from a matrimonial dispute under the Indian Divorce Act, 1869. The appellant, Sou. Kamal w/o ...

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