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Supreme Court

Supreme Court Allows Appeal in Maintenance Execution Case Due to High Court's Erroneous Dismissal of Writ Petition. The Court held that expeditious disposal of execution proceedings is essential to enforce maintenance orders and protect the interests of minor children under the Hindu Marriage Act, 1955, and Article 227 of the Constitution of India.

8 Apr 2026

The dispute arose between a husband and wife embroiled in acrimonious litigation spanning nearly a decade, with two minor sons as affected parties. Th...

High Court

Bombay High Court Quashes FIR and Charge Sheet in Rape Case Based on Promise of Marriage — Consensual Relationship Between Adults Not Constituting Offence Under Section 376 IPC. The court held that allegations of rape based on a false promise of marriage must be examined in the context of the parties' marital status, the duration of the relationship, and the complainant's conduct, and that the FIR was an abuse of process.

28 Feb 2025

The petitioner, a 58-year-old US citizen, challenged the FIR and charge sheet alleging rape under Section 376 IPC based on a promise of marriage. The ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

Bombay High Court Partly Allows Husband's Petition in Maintenance Case Under Section 125 CrPC — Divorcee Wife Entitled to Maintenance from Date of Divorce, Not from Filing of Application. The court held that a divorcee wife is entitled to maintenance under Explanation (b) to Section 125(1) CrPC from the date of divorce, and strict pleading rules do not apply in summary proceedings.

25 Sep 2024

The case involves a criminal writ petition filed by the husband challenging the order of the Adhoc Additional Sessions Judge granting maintenance to h...

Supreme Court

Safeguarding Women's Rights and Ensuring Justice for Victims of Cruelty. Protection against Cruelty: Section 85 and 86 of Bharatiya Nyaya Sanhita, 2023, considering the pragmatic realities and the need for necessary changes to prevent misuse of legal provisions.

3 May 2024

Appeal arising from a judgment passed by the High Court of Punjab & Haryana on April 5, 2022, in a criminal case involving the appellant accused o...

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 Wife's Petition in Domestic Violence Case Due to Lack of Domestic Relationship. The court held that a wife who had been living separately for over 20 years and had no shared household with the husband could not claim relief under the Protection of Women from Domestic Violence Act, 2005.

28 Feb 2018

The petitioner, Anita Tambe, filed a criminal writ petition challenging the dismissal of her application under Section 12 of the Protection of Women f...

High Court

High Court of Karnataka Dismisses Wife's Appeal Against Divorce Decree in Cruelty Case — Marriage Irretrievably Broken Due to Wife's Unfounded Allegations and Refusal to Cohabit. Section 13 of Hindu Marriage Act, 1955 — Cruelty Established by Husband's Evidence of False Complaints and Desertion.

20 Jul 2016

The appellant-wife challenged the decree of divorce granted by the Family Court, Bellary, in Matrimonial Case No.221/2013 dated 30.10.2014, dissolving...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Maintenance to Wife Despite Customary Divorce. Divorced Wife Entitled to Maintenance Under Section 125 CrPC Regardless of Customary Divorce.

9 Jun 2016

The petitioner, Ashok Deochand Mali, filed a Criminal Writ Petition under Article 227 of the Constitution of India, challenging the judgment and order...

High Court

Bombay High Court Modifies Interim Maintenance in Muslim Divorce Case — Husband's Income and Wife's Earning Capacity Considered. Court reduces interim maintenance under Section 125 CrPC for divorced wife and children, holding that wife's educational qualification and ability to earn must be considered while fixing maintenance.

7 Jul 2011

The applicant, Dr. Shahid Rizwan Khan, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, challenging an order dated...

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