Search Results for "Article 142 divorce"

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Search Results for "Article 142 divorce"

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High Court

Gujarat High Court Allows Wife's Appeal for Interim Maintenance Under Hindu Marriage Act, Setting Aside Family Court's Order for Lack of Proper Consideration of Evidence. The court held that the Family Court erred in placing the burden of proof solely on the wife and in rejecting the application due to pendency of a criminal maintenance application.

17 Feb 2026

The appellant-wife, Mayuriben Panchal, filed a First Appeal before the Gujarat High Court against the order dated 26.09.2025 passed by the Family Cour...

High Court

Bombay High Court Dismisses Wife's Application to Dismiss Husband's Appeal as Time-Barred in Matrimonial Dispute — Limitation Period for Appeal Under Hindu Marriage Act is 90 Days, Not 30 Days Under Family Courts Act. Section 28(4) of Hindu Marriage Act, 1955, being a special provision, prevails over Section 19(3) of Family Courts Act, 1984, and the appeal filed within 90 days is maintainable.

17 Dec 2014

The case involves a civil application filed by the wife (applicant) seeking dismissal of the husband's appeal on the ground of limitation. The parties...

Supreme Court

Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

4 Nov 2020

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

High Court

High Court of Karnataka Quashes FIR Against Accused Husband and Family in 498A and Dowry Harassment Case Due to Vague Allegations and Habitual Complainant. Held that Mere Stray Utterance Like Calling 'Prostitute' Does Not Constitute Cruelty Under Section 498A IPC, Relying on Kahkashan Kausar v. State of Bihar; Continued Proceedings Would Be Abuse of Process Under Section 482 CrPC.

3 Sep 2024

The case arose from a petition under Section 482 of the Code of Criminal Procedure, 1973, filed by the husband (accused No. 1), mother-in-law, father-...

High Court

Bombay High Court Allows Second Appeal in Matrimonial Dispute — Sets Aside Lower Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Illegal and Unsustainable.

30 Mar 2012

This Second Appeal arises from a matrimonial dispute between Sunil Ramnath Argade (appellant) and Latabai Sunil Argade (respondent). The appellant cha...

High Court

Bombay High Court Upholds Validity of Will in Testamentary Suit and Examines Constitutional Validity of Hindu Succession Act Provisions. The Court Found the Handwritten Will Validly Executed and Considered Whether Sections 8 and 15 of the Hindu Succession Act, 1956 Discriminate on Grounds of Gender in Succession Matters.

6 Nov 2012

The judgment involved two testamentary suits before the High Court of Judicature at Bombay. In Testamentary Suit No. 48 of 2005, the plaintiff claimed...

Supreme Court

Supreme Court Allows Wife's Right to Reside in Matrimonial Home Under MHADA Scheme — Emphasizes Rehabilitation of Dishoused Occupiers. The Court held that the wife's right to residence is not absolute and must be balanced with the rights of co-owners and the terms of the redevelopment agreement under Section 95-A of the Maharashtra Housing and Area Development Act, 1976.

27 Apr 2020

The appellant, Aishwarya Atul Pusalkar, filed a writ petition before the Bombay High Court seeking enforcement of her right to reside in her matrimoni...

Supreme Court

Supreme Court Allows Appeal in Matrimonial Dispute Over Misappropriation of Stridhan. High Court's Reversal of Family Court's Findings on Custody and Misappropriation of Gold Jewellery Set Aside Due to Improper Reappreciation of Evidence.

24 Apr 2024

The appeal arises from a matrimonial dispute where the appellant-wife claimed that her gold jewellery (89 sovereigns) and Rs. 2,00,000 given by her fa...

Supreme Court

Supreme Court Dismisses Revenue Appeal in Income Tax Limitation Case Under Section 144C. Nagarathna J. Holds That Section 144C Does Not Extend Limitation Under Section 153 of Income Tax Act, 1961.

1 Jan 1970

This separate opinion by Nagarathna J. arises from civil appeals filed by the Revenue against a common order of the Bombay High Court. The High Court ...

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...

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