Search Results for "valid marriage"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "valid marriage"

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High Court

High Court of Judicature at Bombay Quashes Rejection of Compassionate Appointment for Child of Void Second Marriage; Declares Denial Illegal Under Section 16 of Hindu Marriage Act, 1955. Child of void marriage held legitimate and entitled to compassionate appointment; Railway Board circular dated 21 March 2018 cannot override statutory provision.

21 Feb 2019

The petitioner, Yuvraj Dajee Khadake, is the son of a railway employee who died in harness on 12 August 2003. The petitioner applied for compassionate...

Supreme Court

Supreme Court Allows Partition Appeal in Thiyya Family Dispute — Presumption of Marriage and Legitimacy Upheld Based on Long Cohabitation. Law leans in favour of legitimacy and frowns upon bastardy; presumption under Section 114 of Indian Evidence Act, 1872 arises from long cohabitation and is rebuttable only by clear evidence.

13 Jun 2022

The case involves a dispute over partition of ancestral property belonging to a Thiyya family governed by Mitakshara law. The appellants (plaintiffs) ...

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 Appeal Against Succession Certificate Granted to Widow Despite Remarriage. Hindu Widows' Re-Marriage Act, 1856 Section 2 Does Not Disentitle Widow from Claiming Succession Certificate as She Inherits as Class I Heir Under Hindu Succession Act, 1956.

25 Jun 2015

The case involves an appeal filed by Sanjay Purshottam Patankar, the brother of the deceased Prakash Purushottam Patankar, against an order dated 8th ...

High Court

Bombay High Court Upholds Maintenance Order Under Section 125 CrPC Despite Husband's Challenge on Validity of Marriage and Lack of Representation. The court held that the Family Court's finding on the validity of marriage based on evidence of divorce was correct and that the order was not vitiated by the absence of the husband's advocate.

17 Jan 2018

The case involves a criminal revision application filed by Bhooshan Suryakant Kale (applicant/husband) challenging an order dated 23 September 2015 pa...

High Court

Bombay High Court Allows Second Wife's Petition Under Domestic Violence Act — Restores Protection and Maintenance Orders. Cohabitation in Shared Household for 4-5 Years Establishes Domestic Relationship Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

2 Nov 2012

The petitioner, Pratibha Andhare, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging the judgment of t...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Gandharva Marriage Valid for Inheritance. Marriage performed in Gandharva form is recognized under Hindu law, and children from such marriage are entitled to ancestral property share under Hindu Succession Act, 1956.

14 Oct 2005

The case involves a second appeal filed by the defendants against the judgment of the 2nd Additional District Judge, Nasik, which decreed the plaintif...

High Court

High Court of Karnataka Dismisses Appeal Against Acquittal in Bigamy Case — Marriage Not Proved as Customary Divorce Established. Appellant failed to prove that her marriage with accused No.1 was subsisting at the time of his second marriage under Section 494 IPC.

25 Feb 2014

The appellant, Smt. Tayawwa, filed a private complaint under Section 200 CrPC alleging that her husband, Narasappa (accused No.1), married her accordi...

High Court

Bombay High Court Dismisses Petition by Husband and Relatives Challenging Maintenance Order Under DV Act — Shared Household Definition Includes Property of Relatives, Valid Marriage Not Required for Protection.

14 Sep 2015

The respondent, Vaishali Subhash Chaware, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) b...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal in Cruelty Case — Allegations of Dowry Demand and Harassment Not Proved. Court Holds That Isolated Instances of Temperament Do Not Amount to Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

23 Apr 2018

The appellant-husband filed a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, seeking divorce on grounds of cruelty and des...

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