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Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

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High Court of Karnataka Quashes BBMP Recovery Demand Against Swimming Centre for Lack of Authority. Demand for Rs. 1,93,73,184 for alleged excess water consumption set aside as BBMP lacked jurisdiction to levy such charges under the Karnataka Municipal Corporations Act, 1976.

The petitioner, M/S. PM Swimming Centre, a partnership firm, filed a writ petition under Articles 226 and 227 of the Constitution of India before the ...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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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.

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...

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Bombay High Court Allows Husband's Petition Against Retrospective Maintenance Enhancement Under Section 127 CrPC. Revisional Court Erred in Directing Enhanced Maintenance from Date of Application Without Considering Husband's Objections.

The applicant husband invoked the inherent power of the High Court challenging the revisional court's order which directed that the enhanced maintenan...

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Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...