Search Results for "Divorce proceedings"

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Search Results for "Divorce proceedings"

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Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Holds That Proceedings Under Protection of Women from Domestic Violence Act, 2005 Are Civil in Nature and Section 482 CrPC Is Not Applicable. The Court Answered the Reference by Holding That the High Court Cannot Exercise Its Inherent Powers Under Section 482 CrPC in Respect of DV Act Proceedings.

14 Nov 2017

The present reference arises out of an order dated 13/2/2015 passed by a learned Single Judge in Criminal Application No.578/2011. During the hearing,...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

2 Mar 2016

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

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 Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

27 Sep 2022

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Daughters from Father in Cross-Border Child Custody Dispute. Court holds that habeas corpus is not maintainable when custody is pursuant to a competent court order and the child's welfare is paramount, directing parties to approach appropriate family court.

24 Mar 2021

The petitioner, Delna Khambatta, an American citizen, filed a writ of habeas corpus before the Bombay High Court seeking a direction to her husband, D...

High Court

Bombay High Court Quashes Criminal Proceedings in Dowry Case Following Divorce and Remarriage of Complainant's Daughter. Compromise Between Parties Leads to Quashing of FIR Under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act, 1961.

4 Oct 2016

The petitioners, including Vishnu Kashalkar, Sheetal Kashalkar, Gitesh Kashalkar, and Dr. Sapna Kashalkar, filed a Criminal Writ Petition before the H...

Supreme Court

Supreme Court Allows Quashment of FIR Against Distant Relative in Matrimonial Dispute: Wife of Cousin Brother of Husband Not Liable Under Section 498-A IPC Without Specific Allegations. General and omnibus allegations against a relative residing separately and not closely related to the husband do not justify continuation of criminal proceedings.

18 Dec 2024

The Supreme Court dealt with two appeals arising from a common High Court order on a petition under Section 482 CrPC seeking quashment of FIR No.0080/...

High Court

Bombay High Court Allows Husband's Revision, Holds Interim Maintenance Under DV Act Adjustable Against Section 125 CrPC Arrears. Maintenance paid under interim orders of the Protection of Women from Domestic Violence Act, 2005 can be adjusted against final maintenance order under Section 125 of the Code of Criminal Procedure, 1973 to prevent double payment.

13 Jun 2018

In this criminal revision, the Bombay High Court (Aurangabad Bench) examined whether interim maintenance paid under the Protection of Women from Domes...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

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