Search Results for "Family Court Jurisdiction"

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Search Results for "Family Court Jurisdiction"

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Supreme Court

Supreme Court Allows Appeal Against High Court Order Upholding Family Court's Recall of Maintenance Order Under Section 125 CrPC. The Court held that the Family Court lacked jurisdiction to recall its final order disposing of the maintenance petition, as Section 362 CrPC prohibits alteration or review of a judgment except for clerical or arithmetical errors.

19 Feb 2020

The case involves a matrimonial dispute where the appellant husband, Sanjeev Kapoor, was married to respondent No.1, Chandana Kapoor, on 04.11.1998. T...

High Court

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.

28 Nov 2024

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

High Court

Bombay High Court Allows Husband's Petition Challenging Family Court's Interim Residence Order in Domestic Violence Case. Residence Order Under Section 19 of DV Act Cannot Be Passed as Interim Relief Before Disposal of Main Application Under Section 12.

14 Oct 2014

The petitioner, Mr. Amit Satish Shah, filed a writ petition challenging an order dated 11 March 2013 passed by the Family Court. The Family Court had ...

High Court

Bombay High Court Allows Revision in Guardianship Custody Case — Family Courts Act Overrides Guardian and Wards Act for Custody Matters. Application under Section 25 of Guardian and Wards Act, 1890 held not maintainable in view of Section 7(1)(g) of Family Courts Act, 1984.

28 Mar 2006

The case involves a civil revision application filed by Vimalashram Gharkul of Amprapali Utkarsha Sangh, a registered public trust, through its Secret...

High Court

Bombay High Court Allows Wife's Appeal in Marriage Validity Dispute — Holds That Conversion to Hinduism Before Marriage Can Be Inferred from Conduct and That Family Court Has Jurisdiction Under Hindu Marriage Act, 1955. The court found that the wife had converted to Hinduism before marriage, making the marriage valid, and remanded the case for hearing on merits.

25 Nov 2005

The case involves an appeal by the wife, Smt. Madhavi Ramesh Dudani, against a common judgment and order dated 29th June 2004 passed by the Family Cou...

High Court

Gujarat High Court Allows Husband's Appeal in Muslim Divorce Declaration Case — Mutual Divorce Deed Under Muslim Shariat Recognized as Valid Dissolution of Marriage. Family Court's Dismissal Set Aside as Court Erred in Requiring Formal Divorce Proceedings Under Section 7 of Family Courts Act, 1984 Read with Section 34 of Specific Relief Act, 1963.

12 Mar 2026

The appellant-husband, Jamilbhai Firozbhai Vahora, through his power of attorney holder (his father), filed a First Appeal under Section 19 of the Fam...

High Court

Bombay High Court Dismisses Appeal Challenging Family Court Jurisdiction in Marital Status Declaration Suit. Family Court Has Jurisdiction to Decide Incidental Question of Whether Respondent is Legally Wedded Wife Under Section 7 of Family Courts Act, 1984.

12 Jan 2017

The appellant, Mukund Sudam Borkar, filed a petition before the Family Court, Nagpur seeking a declaration that the respondent, Pradnyasheela W/o Rame...

High Court

Bombay High Court Allows Revision, Sets Aside Family Court Order Granting Child Access in Section 125 CrPC Maintenance Proceeding. Family Court lacks jurisdiction to grant visitation rights in a summary maintenance proceeding under Section 125 CrPC.

11 Sep 2017

The case involves a criminal revision application filed by Bhumika Bagade and her minor daughter Anika against Sachin Bagade. The applicants had filed...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

Bombay High Court Upholds Interim Maintenance to Wife Despite Husband's Claim of Talaq in Restitution of Conjugal Rights Proceedings. Mere assertion of divorce does not defeat wife's claim for interim maintenance; husband must prove factum of divorce.

12 Aug 2010

The petitioner-husband and respondent-wife were married on 22.12.2006 under Islamic Law. The wife filed Petition No. A889/2008 before Family Court No....

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