Search Results for "Hindu Marriage"

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Search Results for "Hindu Marriage"

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High Court

Bombay High Court Allows Maintenance to Second Wife in Section 125 CrPC Case Despite Void Marriage Due to Husband's Deception. Husband Cannot Deny Maintenance on Ground of Invalidity of Marriage When He Concealed Prior Marriage.

14 Dec 2023

The petitioner, Mrs. Alka Bhausaheb Bhad, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the judgment and o...

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

Bombay High Court Allows Family Pension to Second Wife in Absence of Valid Divorce or Proof of First Marriage Subsisting at Time of Second Marriage — Presumption of Marriage Under Section 114 of Indian Evidence Act, 1872 Applied. The court held that long cohabitation raises a presumption of marriage, and the burden to rebut it lies on the state, which was not discharged.

16 Feb 2022

The petitioner, Smt. Shamal Mahadeo Tate, filed a writ petition before the Bombay High Court seeking family pension as the second wife of the deceased...

High Court

Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

17 Mar 2021

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

High Court

Bombay High Court Allows Family Court Appeal in Interfaith Marriage Nullity Case — Marriage Between Hindu and Christian Not Void Ab Initio Under Hindu Marriage Act. Court Holds That Family Court Erred in Rejecting Petition Under Order VII Rule 11 CPC Without Considering Applicability of Section 5 of Hindu Marriage Act, 1955.

31 Jan 2019

The Appellant, a Hindu woman, married the Respondent, a Christian man, on 28 May 1996 in Mumbai. The marriage was registered under the Bombay Registra...

High Court

Bombay High Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Marriage Declared Void Due to Lack of Free Consent and Non-Consummation. The court held that the marriage was performed without the appellant's free consent and was never consummated, thus void under Section 25 of the Special Marriage Act, 1954.

27 Apr 2018

The appellant, Supriya Subhash Bhatmare, filed a petition for nullity of marriage under the Special Marriage Act, 1954, against the respondent, Shivan...

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 Union of India's Petition Challenging CAT Direction to Consider Compassionate Appointment for Son of Deceased Railway Employee. CAT Erred in Refusing to Follow Railway Board Circular on Second Marriage as Upheld by Bombay High Court.

1 Apr 2016

The Union of India (Railways) filed a writ petition challenging orders dated 6 March 2014 and 26 August 2014 of the Central Administrative Tribunal (C...

High Court

Bombay High Court Dismisses Husband's Second Appeal in Marriage Annulment Case — Marriage Not Voidable for Lack of Free Consent Under Section 12 of Hindu Marriage Act, 1955. Allegations of coercion and criminal proceedings pressure rejected as consent was given with full knowledge and without immediate threat.

23 Dec 2015

The appellant husband, Mangesh Balkrushna Bhoir, filed a second appeal against the order of the Lower Appellate Bench which dismissed his petition for...

High Court

Bombay High Court Dismisses Parents' Petition for Full Family Pension After Widow's Remarriage — Family Pension Entitlement Ceases Upon Remarriage Under Army Pension Regulations. The court upheld the validity of para 11.3 of the letter dated 12.11.2008 and held that parents are not entitled to full family pension after the widow's remarriage.

16 Sep 2015

The petitioners, Smt. Shakuntala Bansidhar Gadekar and Bansidhar s/o Bhaudu Gadekar, are the parents of deceased Vijay Gadekar, who served in the Indi...

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