Search Results for "Subsisting first marriage"

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Search Results for "Subsisting first marriage"

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High Court

Bombay High Court Upholds Dismissal of Appellant in Family Court Appeal Concerning Restitution of Conjugal Rights and Maintenance Under Section 125 CrPC — Oral and Documentary Evidence Found Insufficient to Prove Legal Marriage. Alleged Marriage Held Null and Void Due to Subsisting First Marriage of Respondent; Failure to Produce Marriage Register and Contradictory Witnesses Led to Adverse Inference.

14 Oct 2021

The appeal before the Bombay High Court, Nagpur Bench arose from the dismissal by the Principal Judge, Family Court, Nagpur of two petitions filed by ...

High Court

Bombay High Court Dismisses Wife's Appeal in Matrimonial Dispute Due to No Surviving Cause of Action After Cohabitation Resumed. The Court upheld the trial court's dismissal of divorce petition as the parties had resumed living together after the alleged cruelty, extinguishing the cause of action.

23 Oct 2013

The appellant, Mrs. Brigida de Souza, filed a Matrimonial Petition (No. 47/2000) seeking divorce and other reliefs against her husband, Mr. Julino De ...

High Court

Bombay High Court Allows Revision in Domestic Violence Case — Sets Aside Concurrent Dismissal of Complaint Under Section 12 of Protection of Women from Domestic Violence Act, 2005. Court Holds That Relationship by Customary Marriage or Blood Ties Falls Within 'Domestic Relationship' Under Section 2(f) of the Act, and Remands Matter for Fresh Consideration on Merits.

19 Oct 2023

The applicant, Sau. Anita Ambadas @ Ambu Shivarkar, filed a criminal revision application challenging the judgment and order dated 17.08.2018 passed b...

High Court

High Court of Karnataka Pronounces Judgment in Regular First Appeal Against Partition Decree Pending 16 Years. Appeal Raised Issues of Daughter's Coparcenary Rights Under Section 6 of Hindu Succession Act and Validity of Gift Deeds in Violation of Court Order.

5 Apr 2023

The litigation originated from a suit for partition, separate possession, and mesne profits filed on 28 January 1995 by Shantavva, the first wife of K...

High Court

High Court of Karnataka Allows Wife's Appeal Declaring Marriage Void Under Section 11 of Hindu Marriage Act, 1955 — Inter-Faith Marriage Not Solemnized as per Hindu Rites. Marriage between a Christian and a Hindu is void ab initio under the Hindu Marriage Act, 1955, as the Act applies only to Hindus.

29 Jun 2020

The appellant, Rency Mathew, a Christian by faith, married the respondent, Bharath Kumar, a Hindu, on 12.12.2005 according to Hindu customs and rites....

High Court

Bombay High Court Allows Revision Petition in Succession Certificate Case — Dispute Over Entitlement to Family Pension and Gratuity Between Widow and Son from First Wife. The court held that family pension and gratuity are not 'property' under the Hindu Succession Act, 1956, and are payable only to the widow and children as per the relevant rules, not to the son from the first wife.

29 Jan 2014

The case involves a dispute over the entitlement to family pension and gratuity of a deceased government servant, Ramrao Patil. The petitioner, Ankush...

High Court

Bombay High Court Allows Revision Against Order Granting Right of Residence in Shared Household Under DV Act — Parents-in-Law Not Obliged to Provide Shared Household to Daughter-in-Law After Son's Separation. The court held that the daughter-in-law's right of residence under Section 17 of the Protection of Women from Domestic Violence Act, 2005 is not enforceable against the father-in-law who is the owner of the property, when the husband has no right in the property and the parents-in-law are not respondents in the DV proceedings.

30 Sep 2022

The applicants, Umakant Havgirao Bondre and Shobha Umakant Bondre, are the parents of respondent No.2 Suraj Bondre and in-laws of respondent No.1 Saks...

High Court

Bombay High Court Dismisses Revision Against Protection Order Under Domestic Violence Act — Shared Household Right Upheld. Wife's Right to Reside in Matrimonial Home Owned by Father-in-Law Recognized as Shared Household Under Section 2(s) of Protection of Women from Domestic Violence Act, 2005.

18 Jan 2016

The case involves a revision application filed by the husband and his family members challenging the judgment and order of the Additional Sessions Jud...

High Court

High Court of Judicature at Bombay Quashes Rejection of Compassionate Appointment for Child of Void Second Marriage; Declares Denial Illegal Under Section 16 of Hindu Marriage Act, 1955. Child of void marriage held legitimate and entitled to compassionate appointment; Railway Board circular dated 21 March 2018 cannot override statutory provision.

21 Feb 2019

The petitioner, Yuvraj Dajee Khadake, is the son of a railway employee who died in harness on 12 August 2003. The petitioner applied for compassionate...

High Court

Bombay High Court Allows Husband to Amend Written Statement Based on Foreign Divorce Decree and Permits Withdrawal of Consent to Mutual Divorce. The Court held that amendment under Order 6 Rule 17 CPC is necessary for just adjudication and that consent under Section 13B of Hindu Marriage Act can be withdrawn unilaterally before decree.

22 Jan 2018

The petitioner-husband, Vishal Nitinkumar Kondhia, and the respondent-wife, Jahnvi Vishal Kondhia, were parties to matrimonial proceedings before the ...

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