Search Results for "Hindu Minority and Guardianship Act 1956"

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Bombay High Court Dismisses Revision Against Family Court's Rejection of Jurisdiction Objection in Maintenance Case. Residence of Wife at Parental Home Constitutes Part of Cause of Action Under Section 20(c) CPC for Maintenance Claim Under Hindu Adoptions and Maintenance Act, 1956.

The applicant, Manoj Sharma, married the non-applicant, Riti @ Archana Sharma, on 31 January 2009 at Paratwada. The parties resided together at Indore...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Allows Revision, Sets Aside Family Court Order Granting Child Access in Section 125 CrPC Maintenance Proceeding. Family Court lacks jurisdiction to grant visitation rights in a summary maintenance proceeding under Section 125 CrPC.

The case involves a criminal revision application filed by Bhumika Bagade and her minor daughter Anika against Sachin Bagade. The applicants had filed...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

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High Court of Karnataka Quashes FIR in Kidnapping Case Where Minor Child Voluntarily Accompanied Father — Custody Dispute Between Parents Does Not Attract Section 363 IPC. Father's Petition Under Section 482 CrPC Allowed as No Force or Deceit Established and Matter Pertains to Custody, Not Kidnapping.

The petitioner, Kushagra Sinha, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.53/2023 r...