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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 Acquits Accused in Bigamy Case Due to Invalid Marriage Certificate. Marriage Registration Under Special Marriage Act, 1954 by Unauthorized Clerk Cannot Sustain Conviction Under Section 495 IPC.

The case involves a criminal revision application filed by Vijay Naibrao Jadhav against his conviction under Section 495 of the Indian Penal Code (IPC...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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Bombay High Court Upholds Conviction of Husband for Dowry Death and Cruelty in Dowry Demand Case. Presumption under Section 113B of Evidence Act applied as death occurred within seven years of marriage and dowry demand was proved.

The appellant, Vasant Bhagwat Patil, was convicted by the Additional Sessions Judge, Jalgaon, for offences under Sections 304B, 306, 498A of the India...

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Bombay High Court at Goa Allows First Wife's Claim for Family Pension Over Invalid Second Marriage. Second Marriage Contracted Without Consent During Subsistence of First Marriage Held Void Under Goa Family Laws and Civil Service (Conduct) Rules, 1964.

The petitioner, Mrs. Banu Shaikh, filed a writ petition before the Bombay High Court at Goa seeking family pension as the legally wedded wife of the d...

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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 Maintenance Revision Under Section 125 CrPC — Marriage Presumed Valid Despite Husband's Denial. Long Cohabitation for 25 Years Raises Presumption of Marriage, Husband's Bare Denial Without Evidence Insufficient to Rebut.

The revision applicant, Sewanta w/o Kashinath Warati, filed a criminal revision before the Bombay High Court, Nagpur Bench, challenging the order of t...

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High Court Quashes FIR in Criminal Petitions Under BNSS, 2023 Due to False Allegations of Physical Relationship on Pretext of Marriage. Petitioners Acquitted as Proceedings Deemed Abuse of Process

The High Court of Karnataka heard two criminal petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking to quash a...

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Bombay High Court Allows Husband's Appeal for Nullity of Marriage Under Section 11 of Hindu Marriage Act, 1955 Due to Wife's Subsisting Marriage. Wife's Appeal for Maintenance Dismissed as Marriage Void Ab Initio.

The case involves two cross-appeals arising from a judgment of the Family Court, Aurangabad, in Petition No. B-1/2010. The husband, Dheeraj Patil, fil...