Search Results for "Family Courts Act, 1984"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
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Search Results for "Family Courts Act, 1984"

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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...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Deduction of Personal Expenses and Application of Multiplier. The Court held that the Tribunal erred in not deducting personal expenses of the deceased and in applying multiplier of 16 instead of 15 based on age of deceased.

10 Apr 2006

The case arises from a motor accident claim filed by the widow and three minor children of Gopal Krishnan, a rickshaw driver who died in a collision w...

High Court

Bombay High Court Quashes Executing Court Order Fixing Time Limit for Compliance of Restitution of Conjugal Rights Decree — Executing Court Cannot Add to Decree Beyond Its Scope. The Executing Court exceeded its jurisdiction by imposing a one-month time limit and directing payment of Rs.20,000 per month upon failure to comply with a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

21 Apr 2010

The petitioner-husband and respondent-wife were married on 22nd April 1996. In 1998, the wife filed a petition for restitution of conjugal rights unde...

Supreme Court

Supreme Court Upholds Compulsory Service Bonds for Post-Graduate Medical Courses. The Court held that such bonds are valid and do not violate fundamental rights under Articles 14, 19, and 21 of the Constitution, as they are reasonable restrictions imposed in public interest to ensure availability of doctors in underserved areas.

19 Aug 2019

The case involves multiple writ petitions and appeals challenging compulsory bond conditions imposed by various State Governments and the Armed Forces...

High Court

Bombay High Court Dismisses Husband's Appeal in Family Court Appeal No.76 of 2015 — Upholds Family Court's Refusal of Judicial Separation and Divorce on Grounds of Cruelty and Desertion. Allegations of Misrepresentation of Age and Educational Qualifications Not Sufficient to Constitute Cruelty Under Hindu Marriage Act, 1955.

23 Feb 2021

The appellant-husband, Kartik Narayan Dhawle, filed Family Court Appeal No.76 of 2015 under Section 19 of the Family Courts Act, 1984, challenging the...

High Court

Bombay High Court Allows Wife's Application to Sell Matrimonial Home and Directs Husband to Pay EMIs in Family Court Dispute. The court held that the husband is liable to pay EMIs as maintenance and the wife may sell the property with court supervision to protect the matrimonial home from bank action under the Securitisation Act.

20 Mar 2013

The writ petition arose from an order of the Family Court No.7, Mumbai dated 23rd August 2011, which rejected the wife's application for direction to ...

High Court

Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

8 Apr 2005

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

High Court

Bombay High Court Allows Husband's Appeal for Annulment of Marriage Due to Suppression of Incurable Skin Disease by Wife. Fraudulent Concealment of Material Facts Renders Marriage Voidable Under Section 12(1)(c) of Hindu Marriage Act, 1955.

16 Feb 2016

The appellant husband, Mayank Malhotra, filed two appeals under Section 19 of the Family Courts Act, 1984, challenging a common judgment dated 23.07.2...

High Court

High Court of Bombay Quashes Prosecution Under MRTP Act Due to Limitation Bar — Non-Compliance with Demolition Notice Held Not a Continuing Offence. The Court held that offence under Section 53(7) of the Maharashtra Regional and Town Planning Act, 1966, is complete upon failure to comply with notice within prescribed period, and the mere continuance of unauthorized construction does not keep the offence alive for purposes of limitation under Section 468 Cr.P.C.

12 Feb 2013

The petitioners, who were accused in a criminal case under the Maharashtra Regional and Town Planning Act, 1966, challenged the rejection of their ple...

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