Search Results for "Hindu Marriage Act, 1955"

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Search Results for "Hindu Marriage Act, 1955"

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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 Family Pension to Widow Despite Bigamous Marriage Prior to Hindu Marriage Act, 1955 — Marriage Valid Under Custom, Not Void Ab Initio. The court held that a marriage performed before the Act is not void and the widow is entitled to family pension under Rule 116 of Maharashtra Civil Services (Pension) Rules, 1982.

1 Dec 2021

The petitioner, Kanta Anant Dhayarkar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking quash...

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 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

High Court of Karnataka Dismisses Appeal Against Acquittal in Bigamy Case — Marriage Not Proved as Customary Divorce Established. Appellant failed to prove that her marriage with accused No.1 was subsisting at the time of his second marriage under Section 494 IPC.

25 Feb 2014

The appellant, Smt. Tayawwa, filed a private complaint under Section 200 CrPC alleging that her husband, Narasappa (accused No.1), married her accordi...

High Court

Bombay High Court Dismisses Husband's Appeal for Nullity of Marriage on Ground of Sapinda Relationship, Upholds Wife's Right to Maintenance. Marriage Not Void Ab Initio as Customary Exception Proved and Sapinda Relationship Not Established Beyond Doubt Under Section 11 of Hindu Marriage Act, 1955.

12 Apr 2006

The parties, husband and wife, married in January 1981 and separated in July 1981. They lived in a joint family property in Girgaum. The wife filed a ...

High Court

Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

9 Aug 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

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