Search Results for "matrimonial appeal"

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Search Results for "matrimonial appeal"

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Supreme Court

Supreme Court Upholds Conviction of Husband and Mother-in-Law in Dowry-Related Suicide Case Under Sections 498A and 306 IPC. The Court Applied Presumption Under Section 113-A of the Evidence Act, 1872, as Suicide Occurred Within Eight Months of Marriage and Evidence Established Cruelty Through Demand for Rs.25,000 and Physical and Mental Harassment.

3 Sep 2021

The Supreme Court of India heard criminal appeals arising from special leave petitions filed by the appellants challenging their conviction under Sect...

High Court

High Court of Karnataka Allows Wife's Appeal Against Divorce Decree in Hindu Marriage Act Case — Marriage Not Irretrievably Broken Down Due to Lack of Evidence of Cruelty or Desertion. The court held that the respondent-husband failed to prove cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955, as allegations were vague and unsupported by evidence.

11 Dec 2019

The appellant-wife challenged the judgment and decree dated 30.11.2013 passed by the Senior Civil Judge, Bilagi in M.C.No.4/2010, which partly allowed...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment of Suicide. Presumption under Section 113A of Indian Evidence Act, 1872 not applicable as suicide occurred beyond seven years of marriage.

13 Nov 2019

The State of Maharashtra appealed against the acquittal of four respondents (husband, father-in-law, mother-in-law, and brother-in-law of the deceased...

High Court

Bombay High Court Allows Husband's Divorce Petition on Ground of Desertion Under Section 13(1)(ib) of Hindu Marriage Act, 1955 — Long Separation Without Cohabitation Constitutes Desertion.

26 Nov 2018

The appellant husband and respondent wife were married in December 1994 and have a son. The wife left the matrimonial home in February 1998, and the p...

High Court

Bombay High Court Allows Wife's Petition for Lumpsum Maintenance in Divorce Case, Sets Aside District Judge's Order Reducing to Monthly Maintenance for Daughter. The court restored the lumpsum maintenance of ₹25,00,000 under Section 25 of the Hindu Marriage Act, 1955, holding that the husband's financial capacity and the child's welfare justified a lumpsum award.

27 Jun 2018

The petitioner, Smt. Amina Kudchadkar (alias Amina Nevrekar), filed a writ petition under Article 227 of the Constitution of India challenging the jud...

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 ...

High Court

Bombay High Court Allows Quashing of FIR in Matrimonial Dispute Due to Settlement and Divorce by Mutual Consent. The Court held that non-compoundable offences under Section 498A IPC can be quashed under Section 482 CrPC to secure the ends of justice when parties have genuinely settled.

18 Apr 2017

The petitioner-husband filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 282/2012 re...

High Court

Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

8 Dec 2016

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

High Court

Bombay High Court Upholds Divorce Decree in Favor of Husband on Grounds of Cruelty and Desertion Under Hindu Marriage Act. Wife's Claim for Maintenance Dismissed as She Failed to Prove Neglect Under Hindu Adoptions and Maintenance Act.

21 Jun 2012

The case involves two appeals arising from a common judgment of the Family Court No. VII, Mumbai. The first appeal (FCA 28/2012) is by the wife challe...

High Court

Bombay High Court Upholds Conviction for Cruelty Under Section 498-A IPC in Dowry Harassment Case — Acquits Co-Accused Brother for Lack of Evidence. The court affirmed that the prosecution proved the husband's cruelty towards his wife, leading to her suicide, but the charge of abetment of suicide was not established.

20 Feb 2006

The appellant, Prakash Adhau, was convicted by the Sessions Judge, Akola, for the offence punishable under Section 498-A of the Indian Penal Code (IPC...

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