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Supreme Court Allows State's Appeal in Ceiling Act Case — Customary Divorce Not Proven, Civil Suit Barred. High Court Erred in Interfering with Concurrent Findings and Ignoring Bar of Jurisdiction Under Section 46 of Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed a second appeal filed by the original plaintiff, Dungaji, ...

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Supreme Court Upholds Maintenance Rights for Divorced Muslim Women: Balancing Secular and Personal Laws. Court Affirms Applicability of Section 125 CrPC alongside the Muslim Women (Protection of Rights on Divorce) Act, Ensuring Comprehensive Support for Divorced Muslim Women.

The appeal concerns the High Court of Telangana's modification of interim maintenance from INR 20,000 to INR 10,000 payable by the appellant to the re...

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Bombay High Court Dismisses Wife's Appeal Against Nullity of Marriage — Husband Failed to Prove Valid Divorce Before Second Marriage. Marriage Declared Null and Void Under Section 11 of Hindu Marriage Act, 1955 Due to Subsisting Previous Marriage.

The appellant (wife) and respondent (husband) married on 17.02.2013. The husband had previously been married to one Rajkanya, and claimed that marriag...

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Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

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Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Customary Divorce Not Proved. Wife entitled to maintenance as husband failed to prove valid customary divorce or that wife was living in adultery.

The applicant, Sau. Ashabai Himmatrao Junghare, filed a criminal revision application challenging the order of the Additional Sessions Judge, Achalpur...

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Supreme Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Remands for Fresh Consideration of Section 24. Marriage Void if Prior Spouse Alive at Time of Marriage, Irrespective of Fraud or Limitation Under Section 25.

The appellant-wife married the respondent-husband on 5 April 2010 under the Special Marriage Act, 1954. The marriage was inter-caste. The appellant al...

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Bombay High Court Allows Husband's Appeal in Matrimonial Dispute Over Possessory Rights to Shared Household. Wife's Claim for Right to Residence Under Protection of Women from Domestic Violence Act, 2005 Dismissed as Act Not in Force at Time of Filing.

The case involves two appeals filed by the husband challenging a common judgment and order dated 30.12.2004 passed by the Family Court No.4, Mumbai. T...

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Bombay High Court Allows Appeal Against Remand Order in Customary Divorce Dispute. Court holds that a comprehensive issue already framed regarding legal wedded wife status covers the validity of customary divorce, and remand was unnecessary.

The appellant, Sitabai, filed an appeal against the judgment and order dated 5.7.2014 passed by the learned Principal District Judge, Gondia in Regula...