Domestic Violence Act – Quash Petition – Supervisory Jurisdiction under Article 227 – Petitioners (husband and parents-in-law) sought quashing of D.V. complaint on the ground that averments did not warrant issuance of process – Held: High Court ought not to exercise supervisory jurisdiction at threshold to quash D.V. proceedings – Aggrieved respondents must raise issu...
Matrimonial Dispute – Divorce on Ground of Cruelty – Allegations of Alcoholism and Misconduct – Wife alleged that husband was addicted to alcohol, suspected her fidelity, abused and ill-treated her and children – Husband denied allegations and counter-alleged misbehaviour by wife towards his parents – Held: Mere allegations without corroborative evidence are insuffici...
Hindu Marriage Act – Divorce – Cruelty – False Criminal Complaints – Decree Affirmed – Husband sought divorce under Section 13(1)(i-a) HMA alleging mental cruelty – Wife lodged complaint for dowry harassment and alleged second marriage after long lapse of time – All accused acquitted – Held: Lodging false and unsubstantiated criminal complaints and i...
Maintenance – Section 125 Cr.P.C. – Interim Maintenance – Assessment of Income – Dependents – Voluntary Financial Obligations – Professional Qualification of Wife – Modification of Quantum.
Matrimonial Law – Interim Maintenance – Quantum Assessment – Deductions and Dependents – The petitioner-husband challenged the Family Court&#...
Family Law – 125 CrPC - Maintenance – Assessment of Income – Reliance on ITR – Petitioner-husband claimed low income but his ITR for AY 2018-19 showed annual income of Rs. 5,18,268/- (approx. Rs. 43,189/- pm) – Petitioner claimed subsequent ITRs showed reduced income – Held: Family Court rightly relied on the ITR of AY 2018-19 as the most reliable indicator, rej...
Partition Suit – Nature of Property – Hindu Succession Act, 1956 – Section 6 vs. Section 8 – Plaintiff claimed that her grandfather’s properties were self-acquired and sought partition—Defendants contended that the properties were ancestral and already partitioned by a registered deed dated 19.12.1973—Held: Plaintiff failed to prove that properties were se...
Family Law – Guardianship – Natural Guardian – Father vs. Grandfather – Mother died shortly after birth; child lived with maternal grandfather – Father sought custody – Family Court rejected petition for want of birth/death certificates – Held: Under Section 6 of HMGA, father is the natural guardian – Unless disqualified, he has a legal right to cust...
Civil Law - Partition – Joint Family Property – Claim by Daughters – Dismissal of Suit – Plaintiffs (daughters) sought 1/7th share in ancestral and purchased properties claiming fraudulent alienation by brother (Defendant No.1) – Courts below found that partition of ancestral property had occurred in 1966 via registered deed – Plaintiffs failed to challenge part...
Muslim Law – Remarriage with Divorced Husband – Halala – Respondent claimed to have remarried petitioner after prior divorce – Evidence revealed existence of intervening marriage with another man, but no proof of its dissolution was provided – Under Muslim law, remarriage with divorced husband is void unless intervening marriage is consummated and lawfully dissolved (...
Family Law – Divorce – Irretrievable Breakdown – Long Separation – Parties living separately since 2012 with no meaningful attempt at reconciliation – High Court granted divorce holding marriage had broken down – Supreme Court affirmed finding that continuing the marital bond would not serve either spouse or their 17-year-old daughter – Divorce decree uphe...