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Supreme Court

Supreme Court Allows Appeal in Maintenance Execution Case Due to High Court's Erroneous Dismissal of Writ Petition. The Court held that expeditious disposal of execution proceedings is essential to enforce maintenance orders and protect the interests of minor children under the Hindu Marriage Act, 1955, and Article 227 of the Constitution of India.

8 Apr 2026

The dispute arose between a husband and wife embroiled in acrimonious litigation spanning nearly a decade, with two minor sons as affected parties. Th...

High Court

Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

11 Feb 2026

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

Supreme Court

Supreme Court Allows Father's Custody of Minor Child in Habeas Corpus Petition, Upholds Natural Guardian's Right. The court held that the father, as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to custody unless shown to be unfit, and the welfare of the child is best served by being with the surviving parent.

6 May 2019

The Supreme Court dismissed an appeal against the Bombay High Court's judgment ordering the custody of a minor girl child to her father, respondent No...

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...

High Court

Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

8 Dec 2016

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

High Court

Bombay High Court Dismisses Husband's Appeal Against Consent Divorce Terms, Directs Execution of Consent Terms for Divorce by Mutual Consent Under Section 28 of Special Marriage Act, 1954. Husband Cannot Resile from Consent Terms After Wife Agreed to All Conditions Including Withdrawal of Allegations and Acceptance of Maintenance.

15 Oct 2016

The case involves a husband (Suresh Bhandary) who filed an appeal against a Family Court order granting divorce by mutual consent on certain terms. Th...

High Court

Bombay High Court Upholds Divorce Decree on Grounds of Cruelty Under Hindu Marriage Act — Wife's Threatening and Quarrelsome Behavior Constitutes Mental Cruelty. Custody of Minor Child Retained with Wife with Visitation Rights to Husband.

15 Sep 2016

The appellant-wife challenged the Family Court's judgment dated 20.12.2011 granting divorce to the respondent-husband under Section 13(1)(ia) of the H...

High Court

Bombay High Court Allows Father's Petition in Child Custody Case, Sets Aside Interim Custody Order. Court holds that welfare of the minor child is paramount and that the father's right to custody cannot be denied solely on ground of mother being natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956.

2 Aug 2014

The petitioner, Arun Sharma, filed a writ petition challenging an order dated 31.01.2014 passed by the learned Civil Judge Senior Division, Margao, in...

High Court

Bombay High Court Allows Wife's Appeal for Divorce and Maintenance in Hindu Marriage Act Case — Husband's Cruelty and Desertion Established Despite Dismissal of Earlier Petition. The court held that filing false complaints and desertion constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, and granted divorce with permanent alimony and child maintenance.

16 Sep 2011

The appellant, Smt. Shehnaz Arvind Mudbhatkal (the wife), filed Family Court Appeal No. 38 of 2006 against the judgment and decree dated 30th Septembe...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955. Allegations of Cruelty Were Vague and Desertion Not Proven, Affirming Family Court's Dismissal of Divorce Petition.

8 Feb 2005

The appellant-husband filed a petition under Section 28 of the Hindu Marriage Act, 1955, challenging the Family Court, Pune's order dated 18 July 2000...

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