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High Court of Karnataka Allows Appeal Against Family Court Order Returning Plaint in Suit for Declaration of Non-Marriage and Non-Paternity. Family Court Has Jurisdiction Under Section 7 of the Family Courts Act, 1984 to Entertain Suits Relating to Validity of Marriage and Parentage.

The appellant, Arjun S/o Ranappa Hatgundi, filed a suit before the Family Court, Kalaburagi, seeking a declaration that respondent No.1, Sushilabai @ ...

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Bombay High Court Allows Waiver of Six-Month Waiting Period Under Section 13-B(2) of Hindu Marriage Act, 1955 for Mutual Consent Divorce. Irretrievable breakdown of marriage and settlement of all disputes justify relaxation of mandatory cooling-off period.

The petitioner-husband and respondent-wife were married on 22nd April 2015. Their temperament seldom matched, leading to marital discord. The wife ins...

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Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...