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Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

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High Court of Karnataka Allows Wife's Appeal Declaring Marriage Void Under Section 11 of Hindu Marriage Act, 1955 — Inter-Faith Marriage Not Solemnized as per Hindu Rites. Marriage between a Christian and a Hindu is void ab initio under the Hindu Marriage Act, 1955, as the Act applies only to Hindus.

The appellant, Rency Mathew, a Christian by faith, married the respondent, Bharath Kumar, a Hindu, on 12.12.2005 according to Hindu customs and rites....

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Supreme Court Partially Allows Father's Appeal in Child Visitation Rights Dispute - Emphasizes Child Welfare Over Legal Technicalities. The Court Remands Matter to High Court for Fresh Consideration with Expert Assistance to Ascertain Children's Wishes.

The case involves a custody and visitation rights dispute between Soumitra Kumar Nahar (appellant-husband) and Parul Nahar (respondent-wife). The coup...

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Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

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High Court of Bombay at Goa Dismisses Wife's Appeal for Annulment of Marriage — Consent Not Vitiated by Fraud or Force. Registration of marriage under the Special Marriage Act, 1954 does not require a subsequent religious ceremony; failure to perform such ceremony does not invalidate consent.

The appellant, Yogita Kamlakant Chari, filed a Matrimonial Petition seeking annulment of her marriage with the respondent, Shekar P. Chari, on the gro...

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Bombay High Court Allows Second Appeal in Property Sale Dispute Due to Lack of Consent from Co-Owner Under Portuguese Civil Code. Sale Deed executed by one co-owner without consent of other held voidable under Article 1119 of Family Laws.

The case involves a second appeal filed by Smt. Verodiana John Pinto and Mr. John Pinto (appellants) against the judgment and decree of the first appe...

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Bombay High Court Allows Petition Challenging Rejection of Application to Reject Plaint in Suit for Specific Performance. Suit for specific performance of agreement for sale filed after ten years from the stipulated date of performance is barred by limitation under Article 54 of Limitation Act, 1963.

The petitioners, who were defendants in a suit for specific performance, challenged an order of the City Civil Court, Mumbai, which rejected their app...

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Bombay High Court Quashes Criminal Proceedings Against Doctor for Minor Deficiencies Under PCPNDT Act. Minor Lapses in Record-Keeping Do Not Warrant Prosecution Under Sections 23 and 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The petitioner, Dr. Sai Shiradkar, a medical practitioner running Suyog Hospital in Nanded, filed a criminal writ petition under Articles 226 and 227 ...

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Bombay High Court Dismisses Petition Challenging Divorce Decrees by Mutual Consent Under Parsi Marriage Act. Presiding Judge of Parsi Chief Matrimonial Court Can Pass Decree Without Delegates' Assistance Under Section 32B of Parsi Marriage and Divorce Act, 1936.

The petitioners, trustees of the Parsi Panchayat Funds and Properties, filed a writ petition seeking a declaration that the learned Presiding Judge of...