Search Results for "shared maintenance"

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Search Results for "shared maintenance"

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High Court

Bombay High Court Quashes DV Act Proceedings for Lack of Domestic Relationship — Interim Maintenance Set Aside. Marriage Without Cohabitation in Shared Household Does Not Constitute Domestic Relationship Under Section 2(f) of Protection of Women from Domestic Violence Act, 2005.

15 Dec 2016

The petitioners, Dr. Akshay Lakhotiya, his father Navalkishor, and mother Kiran, filed two criminal writ petitions challenging proceedings under the P...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

19 May 2020

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

Supreme Court

Supreme Court Allows Appeal in Maintenance Execution Case Due to High Court's Erroneous Dismissal of Writ Petition. The Court held that expeditious disposal of execution proceedings is essential to enforce maintenance orders and protect the interests of minor children under the Hindu Marriage Act, 1955, and Article 227 of the Constitution of India.

8 Apr 2026

The dispute arose between a husband and wife embroiled in acrimonious litigation spanning nearly a decade, with two minor sons as affected parties. Th...

Supreme Court

Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

3 Dec 2021

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...

High Court

Bombay High Court Dismisses Petition to Quash Domestic Violence Proceedings — Maintainability of Application Under Section 12 of DV Act Against Husband and In-Laws Upheld Despite Lack of Shared Household. The Court held that the wife's right to reside in a shared household is not contingent on her actual residence at the time of filing the application, and the Magistrate has jurisdiction to grant reliefs under the Protection of Women from Domestic Violence Act, 2005.

2 Mar 2016

The Bombay High Court dismissed a writ petition filed by the husband and his parents seeking quashing of proceedings initiated by the wife under Secti...

High Court

Bombay High Court Allows Wife's Petition Challenging Reversal of Maintenance Under Domestic Violence Act. Appellate court erred in setting aside maintenance without considering wife's entitlement under Section 20 of Protection of Women from Domestic Violence Act, 2005.

28 Nov 2023

The petitioner, Madhura Milind Gadgil, married respondent No.1, Milind Neelkant Gadgil, on 26 May 1990. A daughter was born on 5 July 1991. In 1997, t...

High Court

Bombay High Court Dismisses Husband’s Writ Petition Against Interim Maintenance Order under Section 125 CrPC. Education of Wife and Her Capacity to Earn Do Not Bar Maintenance; Guesswork Permissible When Husband Conceals Income.

14 Aug 2018

The Bombay High Court, Nagpur Bench, dismissed a criminal writ petition filed by the husband challenging an interim maintenance order passed by the Fa...

High Court

Bombay High Court Dismisses Son's Petition Challenging Tribunal Order to Vacate Mother's Tenement Under Senior Citizens Act. Mother's right to reside in her own property upheld against son's claim of ownership.

18 Jan 2022

The case involves a writ petition filed by Suryakant Kisan Pawar, the son of respondent No.2, Smt. Kusum Kisan Pawar, a senior citizen. The mother own...

High Court

Bombay High Court Quashes Eviction Order Against Daughter-in-Law Under Senior Citizens Act, Holds Maintenance Tribunal Cannot Be Used to Evict Wife from Matrimonial Home. The Court ruled that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be misused to evict a daughter-in-law who has a right of residence under the Protection of Women from Domestic Violence Act, 2005.

18 Mar 2024

The petitioner, Sanjivani Jayesh Seernani, is the daughter-in-law of senior citizens and filed a writ petition challenging an order dated 18 September...

High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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