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Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation.

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grou...

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Court Quashes State Decision to Shift Navi Mumbai Sports Complex, Reaffirms Public Interest. Judgment emphasizes the importance of accessible sports facilities, criticizes arbitrary land reallocation for commercial use, and mandates CIDCO to hand over land for the original sports complex.

The Public Interest Litigation (PIL) by the Indian Institute of Architects, Navi Mumbai Center, challenges the allocation of land originally designate...

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Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

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High Court of Bombay at Goa Dismisses Wife's Appeal for Annulment of Marriage — Consent Not Vitiated by Fraud or Force. Registration of marriage under the Special Marriage Act, 1954 does not require a subsequent religious ceremony; failure to perform such ceremony does not invalidate consent.

The appellant, Yogita Kamlakant Chari, filed a Matrimonial Petition seeking annulment of her marriage with the respondent, Shekar P. Chari, on the gro...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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Bombay High Court Upholds Trial Court's Refusal to Allow Premature Amendment in Divorce Petition Under Portuguese Civil Code. Discretion of Trial Court Not Arbitrary When Ground for Divorce Based on Article 4(8) of Law of Divorce Was Premature as 10-Year Separation Period Had Not Expired.

The petitioner, Mr. Antonio Ferdino Varela, filed a writ petition challenging the order dated 06.01.2014 passed by the learned District Judge-2, Panaj...

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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...