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High Court of Karnataka Quashes Ex-Parte Maintenance Order in DV Act Case for Violation of Natural Justice. Husband's Right to be Heard Upheld as Magistrate Passed Order Without Notice or Hearing.

The petitioner, Sri Ravi S @ Jeevan S., filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Ben...

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High Court of Karnataka Allows Wife's Revision Petition in Maintenance Case Under Section 125 CrPC — Sets Aside Family Court Order Dismissing Maintenance Claim. Wife Entitled to Maintenance from Husband Despite Earning Capacity, as Husband Failed to Prove Wife's Sufficient Means.

The petitioner, Smt. B. C. Susheela, wife of the respondent Sri. J. Kariyappa, filed a revision petition under Section 19(4) of the Family Courts Act,...

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High Court of Judicature at Bombay Dismisses Insolvency Petition Under Presidency-Towns Insolvency Act, 1909 — Debtor Fails to Prove Inability to Pay Debts as Maintenance Order Under Hindu Marriage Act, 1955 Does Not Constitute a Debt Under Insolvency Act

The petitioner, Mehul Jagdish Trivedi, filed an insolvency petition under Section 14 of the Presidency-Towns Insolvency Act, 1909, seeking to be decla...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses.

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceas...

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Bombay High Court Partially Allows Cross Appeals in Service Dispute Over Suspension and Terminal Benefits of Deceased Employee. The court held that salary during suspension is not payable if departmental enquiry is not completed, but provident fund and gratuity are statutory entitlements.

The case involves cross appeals arising from a judgment and decree dated 30.09.1992 in Special Civil Suit No. 102 of 1992. The plaintiffs, heirs of Di...

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Bombay High Court Dismisses Husband's Appeal Against Enhanced Maintenance in Family Court Appeal No. 43 of 2002. Section 25 of Hindu Adoption and Maintenance Act, 1956 Allows Variation of Maintenance Orders on Change in Circumstances, and Enhancement from Rs.1000/- to Rs.2500/- per Month Was Justified.

The appellant-husband challenged the judgment and order of the Family Court at Bandra, which enhanced maintenance payable to the respondent-wife and t...