Search Results for "Family Court finding"

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Search Results for "Family Court finding"

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High Court

Bombay High Court Partly Quashes Orders in Domestic Violence Case — Residential Direction Set Aside Due to Absence of Valid Marriage. Family Court's Finding That No Legally Valid Marriage Existed Prevents Claim to Shared Household Under Section 17 of the Domestic Violence Act, 2005, but Criminal Proceedings Under IPC Not Interfered With.

4 Aug 2011

The dispute arose from a matrimonial conflict where the respondent claimed to have married the petitioner on 22 May 1989 in a Hindu temple despite the...

Supreme Court

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.

15 Feb 2019

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

Supreme Court

Supreme Court Allows Mother's Appeal in Habeas Corpus for Disabled Adult Son, Sets Aside High Court Order for Fresh Consideration of Best Interests and Competency. The court held that the High Court must conduct a proper inquiry into the mental capacity and best interests of a disabled adult before dismissing a habeas corpus petition, and must give comity to a foreign guardianship order.

15 Jan 2025

The case concerns a custody dispute over Aadith Ramadorai, a 22-year-old US citizen with Ataxic Cerebral Palsy, between his mother (appellant) and fat...

High Court

Karnataka High Court Adjudicates Appeal Concerning Custody of Minor Child Under Guardians and Wards Act, 1890. Appeal challenges Family Court's order granting custody to father based on allegations of mother's adulterous conduct and welfare considerations.

31 Jan 2023

The matter pertains to a first appeal filed under Section 47(c) of the Guardians and Wards Act, 1890, challenging the judgment and decree dated 03.03....

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

High Court

Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

13 Apr 2018

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

High Court

Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

14 Jun 2013

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...

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