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Search Results for "Divorce proceedings"

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Supreme Court

Supreme Court Modifies Custody and Visitation Order in Guardianship Dispute — Directs Continuation of Minor Child in Boarding School with Enhanced Visitation Rights for Mother. The Court upheld the High Court's direction for the child's admission in Good Shepherd International School, Ooty, but modified the visitation schedule to allow the mother custody during entire summer vacation and half of winter vacation, balancing the child's relationship with both parents under the Guardian and Wards Act, 1890.

1 Jul 2019

The case involves a custody and guardianship dispute between the appellant (mother) and respondent (father) over their minor daughter, Aditi, born on ...

High Court

Bombay High Court Allows Husband's Petition to Quash Maintenance Order Due to Wife's Remarriage Under Section 125 CrPC. Remarriage after divorce terminates the right to maintenance from former husband.

12 Aug 2010

The petitioner, Dinkar Fakirrao Adhav, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay High C...

High Court

Bombay High Court Upholds Striking Off Wife's Defence for Breach of Access Order in Divorce Proceedings. Family Court's Power Under Section 24 of Hindu Marriage Act, 1955 Includes Striking Off Defence for Non-Compliance with Interim Orders.

22 Aug 2011

The case involves a writ petition filed by the wife, Mrs. Vimi Vinod Chopra, challenging the order of the Family Court No. 4, Mumbai dated 13.10.2010,...

High Court

Bombay High Court Modifies Interim Maintenance Order in Divorce Case — Husband's Income and Wife's Earning Capacity Considered. Family Court's award of Rs.30,000 per month reduced to Rs.15,000 per month under Section 24 of Hindu Marriage Act, 1955, as wife is capable of earning and husband's income is limited.

11 Oct 2017

The petitioner-husband challenged the Family Court's order directing him to pay Rs.30,000 per month as interim maintenance to the respondent-wife unde...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Child Custody, Holds That Custody Orders by Foreign Courts Are Not Enforceable Through Habeas Corpus When Children Are Not Illegally Detained. The court ruled that the proper remedy for custody disputes is before the Family Court under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956, and not through habeas corpus.

22 Feb 2018

The petitioner, Pavan Srikanth Reddy, filed a writ of habeas corpus through his GPA holder seeking custody of his two minor children from his ex-wife,...

Supreme Court

Supreme Court Sets Aside Onerous Conditions for Pre-Arrest Bail in Matrimonial Dispute — Conditions Must Be Compliable and Proportionate. The Court held that requiring a husband to undertake to fulfill all physical and financial needs of his wife as a condition for bail is impossible and counterproductive to reconciliation.

2 Aug 2024

The Supreme Court dealt with an appeal against an order of the Patna High Court granting provisional pre-arrest bail to the appellant-husband in a com...

Supreme Court

Supreme Court Partially Allows Husband's Appeal for Medical Test in Divorce Case — Directs Potentiality Test for Husband but Not Fertility or Mental Health Tests for Wife. The Court upheld the Trial Court's order for the husband's potentiality test under Section 45 of the Indian Evidence Act, 1872, in a divorce proceeding where the wife alleged impotency.

5 Apr 2024

The case arises from a matrimonial dispute between Deep Mukerjee (appellant/husband) and Sreyashi Banerjee (respondent/wife). The parties were married...

High Court

Bombay High Court at Goa Allows Writ Petition of Minor Child Seeking Passport Renewal — Citizenship by Birth Not Lost Due to Mother's Foreign Nationality. Passport Cannot Be Denied to Indian Citizen on Ground of Single Parent Being Foreign National Under Passports Act, 1967.

28 Aug 2024

The petitioner, a minor girl aged about 16 years, was born on 27.10.2007 in Margao, Goa, India, to Indian parents. Her parents married in Goa in 2007....

Supreme Court

Supreme Court Dismisses Clarification Application in Divorce Case — Permanent Alimony of Rs. 50 Lakhs Held as Full and Final Settlement of All Maintenance Claims. The Court clarified that the permanent alimony granted in the divorce decree on the ground of irretrievable breakdown of marriage constitutes the full and final settlement of all claims, including any maintenance obligations, and no further claims, including arrears from a pending maintenance case, can be entertained.

17 Feb 2025

The present Miscellaneous Application was filed by the original respondent (wife) in Civil Appeal No. 6088 of 2024, seeking clarification and modifica...

Supreme Court

Supreme Court Allows Transfer Petition in Divorce Case for Wife's Convenience. Transfer directed from Gurugram to Gwalior under Section 25 CPC due to petitioner's residence and considerable distance between forums, with respondent raising no objection.

25 Oct 2021

The Supreme Court of India heard a transfer petition filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908. The petitione...

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