Search Results for "Subsisting first marriage"

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High Court of Bombay Quashes Family Court Order Vacating Status Quo in Matrimonial Home Dispute. Wife's Right to Reside in Shared Household Upheld Under Protection of Women from Domestic Violence Act, 2005, Irrespective of Husband's Father's Title to Property.

The dispute arose from a matrimonial proceeding where the respondent-husband had filed a petition for nullity or divorce against the petitioner-wife. ...

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Bombay High Court Allows Husband's Appeal in Matrimonial Dispute Over Possessory Rights to Shared Household. Wife's Claim for Right to Residence Under Protection of Women from Domestic Violence Act, 2005 Dismissed as Act Not in Force at Time of Filing.

The case involves two appeals filed by the husband challenging a common judgment and order dated 30.12.2004 passed by the Family Court No.4, Mumbai. T...

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Bombay High Court Sets Aside Visa Cancellation and OCI Rejection of German National Married to Indian, Directs Fresh Consideration with Fair Hearing. Fair procedure and natural justice must precede visa cancellation; mere matrimonial discord does not render a subsisting marriage a marriage of convenience.

The writ petition arose from the cancellation of visas and rejection of an Overseas Citizen of India (OCI) registration by the Foreigners' Regional Re...

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Bombay High Court Dismisses Revision Filed by Brother-in-Law Against Order Granting Right of Residence to Widow and Minor Son Under Domestic Violence Act. Statutory Right of Residence in Shared Household Cannot Be Defeated by a Will Under Section 17 of Protection of Women from Domestic Violence Act, 2005.

The case involves a criminal revision application filed by Ashish Chauhan challenging the judgment and order dated 17.8.2022 passed by the Additional ...

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High Court of Karnataka Dismisses Second Appeal in Property Partition Suit — Confirms Half Share to Plaintiff. Sale Deed Executed by Father Without Legal Necessity Held Not Binding on Daughter as Coparcener Under Hindu Succession Act, 1956.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree in R.A. No. 207/1997, which confirmed the trial...

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High Court of Karnataka Allows Appeal in Family Court Jurisdiction Case — Plaint Return Order Set Aside. Suit for Declaration of Rights and Injunction Between Family Members Is Maintainable Before Family Court Under Section 7 of Family Courts Act, 1984.

The appellants, legal representatives of the original plaintiff Smt. Narasamma, filed O.S.No.28/2022 before the Principal Judge, Family Court at Raich...

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Supreme Court Quashes Criminal Complaint in Bigamy Case Under Section 482 CrPC Due to Abuse of Process. Family Court's Binding Finding That Accused Had No Prior Subsisting Marriage Renders Complaint Under Sections 494 and 495 IPC Meritless, Preventing Reagitation of Decided Issue.

The appeal arose from a judgment of a Single Judge of the Gauhati High Court dated 4 April 2018, which dismissed an application under Section 482 of t...