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Search Results for "infidelity"

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Supreme Court

Supreme Court Allows Mother's Appeal in Maintenance Case: DNA Test Cannot Rebut Presumption of Legitimacy Under Section 112 of Indian Evidence Act, 1872. The Court held that a child born during a valid marriage is entitled to maintenance from the legal father despite a negative DNA test, as the presumption of legitimacy is conclusive and can only be rebutted by proof of non-access.

21 Apr 2026

The appellant, was employed as domestic help in the residence of the respondent, for three years, during which the respondent established a sexual rel...

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...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Confession Letter and Non-Examination of Key Witness. Conviction based on Section 299 CrPC deposition and handwriting expert opinion set aside as prosecution failed to prove guilt beyond reasonable doubt.

26 May 2024

The appellant was convicted under Section 302 IPC for the murder of his wife Usha. The prosecution's case rested on circumstantial evidence, primarily...

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 Acquits Accused in Murder Case Due to Unreliable Dying Declarations. Conviction under Section 302 IPC for setting wife ablaze set aside as dying declarations were inconsistent and not corroborated by medical evidence.

26 Sep 2022

The appellant, Vijay Radhaji Bhandare, was convicted by the Trial Court under Section 302 IPC for the murder of his wife, Sindhubai, by setting her ab...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Motive. Conviction under Section 302 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt.

22 Sep 2020

The appellant, Gopal Shankarappa Rathod, was convicted by the Sessions Judge, Kolhapur, for the murder of his wife Savita under Section 302 IPC and se...

High Court

Bombay High Court Upholds Conviction for Murder Based on Extra-Judicial Confession and Circumstantial Evidence. Appellant's confession to police and discovery of deceased's body with fatal injuries held sufficient to prove guilt under Section 302 IPC.

3 Sep 2020

The appellant, Hanmant Nagnath Surwase, was convicted under Section 302 IPC for the murder of his wife, Janabai, on the ground of her infidelity. The ...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment of Suicide. Presumption under Section 113A of Indian Evidence Act, 1872 not applicable as suicide occurred beyond seven years of marriage.

13 Nov 2019

The State of Maharashtra appealed against the acquittal of four respondents (husband, father-in-law, mother-in-law, and brother-in-law of the deceased...

High Court

Bombay High Court Dismisses Revision Against Refusal of DNA Test in Domestic Violence Proceedings — Paternity Dispute Cannot Be Decided Collaterally in DV Act Proceedings. The court upheld the concurrent findings of the Magistrate and Sessions Court rejecting the application for DNA test of the son, as the issue of paternity was not relevant for relief under the Protection of Women from Domestic Violence Act, 2005.

10 Jul 2018

The revision application was filed by Mr. Pramod Purushottam Sathe (applicant) challenging the order dated 16th February, 2016 passed by the Metropoli...

High Court

Bombay High Court Upholds Life Conviction for Murder of Daughter Based on Circumstantial Evidence and Motive of Suspected Infidelity. Appellant's Suspicion of Wife's Infidelity Led to Killing of Two-and-a-Half-Year-Old Daughter by Drowning in Well, Conviction Under Section 302 IPC Confirmed.

13 Aug 2010

The appellant, Raju Kisan Mane, was convicted under Section 302 of the Indian Penal Code for the murder of his two-and-a-half-year-old daughter Aishwa...

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