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CRIMINAL WRIT PETITION NO. 2364 OF 2024

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High Court of Karnataka Quashes Family Court Order Denying Interim Maintenance to Wife and Children in Domestic Violence Case — Held That Maintenance Cannot Be Denied on Ground of Wife's Earning Capacity Without Assessing Actual Income and Needs of Children.

The petitioners, Smt. Shylaja S.R. (wife) and her two minor sons, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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High Court of Karnataka Enhances Interim Maintenance for Wife Under Hindu Marriage Act, 1955 — Husband's Income and Lifestyle Considered. The Court held that interim maintenance must reflect the husband's earning capacity and standard of living, not merely the wife's needs.

The petitioner, Smt. Pratibha Singh, wife of the respondent Vineet Kumar, filed a writ petition under Article 227 of the Constitution of India challen...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

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Bombay High Court Allows Public Interest Litigation and Quashes Sedition Charge Against Cartoonist. Freedom of Speech and Expression Under Article 19(1)(a) Protects Political Satire and Cartoons Unless They Incite Violence or Public Disorder.

The present Public Interest Litigation was filed by Sanskar Marathe, a practicing advocate, challenging the arrest of Assem Trivedi, a political carto...

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Bombay High Court Dismisses Suit for Possession of Tenanted Flat Due to Lack of Jurisdiction Under Section 33 of Maharashtra Rent Control Act, 1999. Dispute Between Siblings Over Possession of Flat Held Exclusively Triable by Small Causes Court, Not Civil Court.

The plaintiff, Arun Bhaskar Adarkar, a senior citizen of Indian origin residing in the USA, filed a suit in the Bombay High Court seeking possession o...