Divorce – Cruelty – Allegations of Dowry Demands and Physical Abuse – Appellant-wife alleged physical and mental harassment by the respondent-husband and his family due to unmet dowry demands – Family Court dismissed divorce petition citing lack of evidence – High Court referred to Supreme Court judgments on irretrievable breakdown of marriage and cruelty under Sectio...
Habeas Corpus – Child Custody – Jurisdiction of Writ Court – The Calcutta High Court dealt with a habeas corpus petition filed by the father seeking custody of his two minor children from the mother. The petition alleged that the mother had wrongfully removed the children from Kolkata to Bhopal and was unlawfully detaining them. The Court noted that the paramount consideration in...
Family Law – Hindu Marriage Act, 1955 – Divorce on Grounds of Cruelty – Appeal filed by appellant-wife against decree of divorce granted in favor of respondent-husband under Section 13(1)(ia) – Appellant alleges dowry harassment and cruelty by respondent and his family – Respondent alleges mental cruelty by appellant. [Para 1, 17-18]
Settlement Deed &ndas...
Custody Battle – Military officer vs. School teacher – Appeal from High Court’s decision altering custody arrangements made by Family Court, which initially granted exclusive custody to father, an army officer, and limited visitation to mother, a school teacher – Supreme Court reinstates Family Court’s decision, emphasizing children’s stated preference and welfa...
Service Law – Resignation – Withdrawal Before Acceptance – Acceptance of Resignation – The appellant tendered his resignation on 05.12.2013, but later sought to withdraw it. The respondent corporation claimed that the resignation was accepted on 15.04.2014, with effect from 07.04.2014, and rejected the withdrawal request on 23.06.2014. The appellant contested that the accep...
Transfer Petition - Divorce proceedings - Transfer of case - Wife filed a Transfer Petition seeking transfer of the Divorce Petition filed by the husband from the Family Court in Indore, Madhya Pradesh to the Family Court in Lucknow, Uttar Pradesh - Supreme Court observed that the parties had suffered an irretrievable breakdown of marriage - Court exercised its power under Article 142 of the Const...
Contract Law – Recovery of Amount – Suit for Recovery – Contractor claimed recovery of ₹3,85,371/- comprising security deposit, earnest money, and payment for additional work completed under supplemental agreement – Trial Court decreed the suit – Appellants contended substandard work and deductions due to deficiencies – No evidence produced to prove alleged su...
Civil Writ - Legal Profession – Enrollment Fees – Validity of Charges for Verification – Supreme Court Directions Binding – Appellant challenged the collection of verification fees for enrollment certificates, relying on a Supreme Court order mandating that universities and boards verify such certificates without fees – Held: Bar Council cannot levy fees for verificat...
Family Law – Visitation Rights – Welfare of Minor Child – Appeal against High Court’s order directing mother to facilitate visitation between father and minor child at a location 150 km from her residence – High Court observed that the father, as the natural guardian, is entitled to visitation rights but dismissed the appellant-mother’s objections regarding the ...
Land Acquisition – Compensation – Reference Court’s Award Restored – The appellants challenged the High Court’s decision, which reduced compensation awarded by the Reference Court for acquired land, asserting misalignment with sale exemplars and commercial potentiality – Held: The High Court erred in its assessment by undervaluing the land – The Reference ...