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Search Results for "appeal against maintenance"

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Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was on Ground of Desertion. Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women as There Is No Obligation to Live with Ex-Husband After Divorce.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Maintenance Enhancement in Matrimonial Dispute. Husband failed to prove cruelty and desertion under Hindu Marriage Act; wife entitled to enhanced maintenance despite divorce decree being set aside.

13 Apr 2022

The case involves two second appeals arising from matrimonial disputes between the same couple. The husband, Vasant Punju Chavan, filed a divorce peti...

High Court

Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

Bombay High Court Dismisses Husband's Revision in Muslim Divorce Maintenance Case — Concurrent Findings Upheld. Husband's Talaq During Pendency of Section 125 Cr.P.C. Does Not Bar Wife's Claim Under Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 for Reasonable and Fair Provision.

2 Jan 2024

The case involves a criminal revision application filed by the husband, Khalil Abbas Fakir, challenging the concurrent orders of the Judicial Magistra...

High Court

High Court of Karnataka Allows Revision Petition in Maintenance Case — Family Court Erred in Rejecting Petition on Territorial Jurisdiction Grounds Without Proper Inquiry. Wife's Affidavit of Residence Sufficient to Establish Jurisdiction Under Section 126 Cr.P.C.

7 Jul 2022

The petitioners, Sangeeta W/o Bapu Lamani and her three minor children, filed a petition under Section 125 of the Code of Criminal Procedure, 1973 (Cr...

High Court

Bombay High Court Quashes Eviction Order Against Daughter-in-Law Under Senior Citizens Act for Violation of Natural Justice. Maintenance Tribunal's Order Set Aside as Petitioners Were Not Given Adequate Opportunity to Be Heard Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

27 Mar 2024

The petitioners, Jyoti Pawar (daughter-in-law) and Ranjnabai Bhosale (mother of Jyoti), filed a writ petition challenging an order of the Maintenance ...

High Court

Bombay High Court Upholds Dismissal of Appellant in Family Court Appeal Concerning Restitution of Conjugal Rights and Maintenance Under Section 125 CrPC — Oral and Documentary Evidence Found Insufficient to Prove Legal Marriage. Alleged Marriage Held Null and Void Due to Subsisting First Marriage of Respondent; Failure to Produce Marriage Register and Contradictory Witnesses Led to Adverse Inference.

14 Oct 2021

The appeal before the Bombay High Court, Nagpur Bench arose from the dismissal by the Principal Judge, Family Court, Nagpur of two petitions filed by ...

High Court

High Court of Karnataka Enhances Interim Maintenance for Wife and Son in Family Dispute — Husband's Challenge Dismissed. The court held that interim maintenance must reflect the husband's financial capacity and the family's standard of living, enhancing maintenance from Rs. 75,000 to Rs. 2,00,000 per month under Section 24 of the Hindu Marriage Act, 1955.

1 Sep 2023

The judgment arises from two writ petitions filed under Article 227 of the Constitution of India before the High Court of Karnataka. The first petitio...

High Court

Bombay High Court Dismisses Husband's Revision Against Maintenance and Residence Order Under Domestic Violence Act. Wife's Right to Shared Household and Maintenance Upheld Under Sections 17 and 20 of Protection of Women from Domestic Violence Act, 2005.

6 Jul 2015

The case involves a criminal revision application filed by the husband, Mr. Dajvip V. Patkar, challenging the judgment and order dated 22.05.2015 pass...

High Court

Bombay High Court Quashes Appellate Tribunal Order in Senior Citizens Act Case Due to Erroneous Treatment of Eviction Claim as Civil Dispute. The Court Holds That Senior Citizens Can Seek Eviction of Adult Children from Their Self-Acquired Property Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Without Resorting to Civil Suit, and That a Daughter-in-law Needs a Specific Order Under Domestic Violence Act to Claim Residence.

18 Jun 2025

The writ petition under Article 227 of the Constitution of India was filed by senior citizens, Chandiram Anandram Hemnani and Sau. Sushila Chandiram H...

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