Supreme Court Strikes Down Expulsion of Bihar MLC as Disproportionate, Orders Immediate Reinstatement Private Banks Not Subject to Writ Jurisdiction Under Article 226: Punjab & Haryana High Court Mere Allegation of Forgery is Not Enough: Madhya Pradesh High Court Dismisses Second Appeal in Partition Dispute When a Case is Made Out for Bail, Courts Should Not Hesitate: Kerala High Court Allows Bail Despite Commercial Quantity of Drugs Seized Retailers Cannot Be Prosecuted for Manufacturer’s Fault" – Karnataka High Court Quashes Case Against Pesticide Dealers Mere Issuance of a Cheque Does Not Prove Legally Enforceable Debt": Delhi High Court Upholds Acquittal in Cheque Dishonor Case Courts Cannot Ignore Urgent Repairs When Public Safety is at Stake: Calcutta High Court Upholds Trial Court's Order Mutation Entries Do Not Confer Ownership: Bombay High Court Rejects Premature Dismissal of Partition Suit No Substantial Question of Law – High Court Cannot Re-Appreciate Evidence Under Section 100 CPC: Andhra Pradesh High Court Injunction Cannot Be Granted Without Proof of Possession: Allahabad High Court Quashes Relief in Land Dispute Section 197 CrPC | Sanction for Prosecution is a Shield, Not a Sword: Supreme Court Quashes Criminal Case Against BIS Officer Landlord is the Best Judge of His Needs: Supreme Court Orders Eviction in Favor of Landowner Vijaya Bank TT Scam | Supreme Court Acquits Jeweller in ₹6.7 Crore Vijaya Bank Fraud Case, Orders Return of 205 Gold Bars Procurement Preference for Small Enterprises is a Legal Mandate, Not a Mere Policy: Supreme Court Rules in Favor of MSMEs Revisional Jurisdiction Cannot Be Invoked Against Interlocutory Orders of Commercial Courts: Orissa High Court Declares Section 8 Bar Absolute Victim’s Testimony Must Be of Sterling Quality to Be Sole Basis of Conviction: Kerala High Court Reduces Sentence of Pastor Convicted for Repeated Rape of Minor Providing Set-Top Boxes to Subscribers Constitutes Sale”: Karnataka High Court Upholds VAT on Tata Play Limited Mere Registration of FIR Cannot Justify Denial of Passport Renewal: Jammu & Kashmir and Ladakh High Court

"MATRIMONIAL & FAMILY LAW" Digest

Limitation Law – Condonation of Delay – Family Court Appeal – Held: Delay of 21 days in filing the appeal is not inordinate – The explanation provided by the applicant is reasonable – Courts must adopt a pragmatic, justice-oriented approach in matrimonial matters – Delay condoned [Paras 10, 13, 24]. Limitation Law – Family Courts Act vs. Hindu Marriage ...

Family Law - Divorce – Permanent Alimony – Full and Final Settlement – Maintenance Arrears Not Included – The Court had granted a decree of divorce and awarded Rs. 50,00,000/- as permanent alimony, which was paid by the husband – The wife later filed a Miscellaneous Application seeking inclusion of maintenance arrears from Maintenance Case No. 408 of 2017 pending befo...

Family Law – Maintenance under Section 125 Cr.P.C. – No Proof of Husband’s Higher Income – The Family Court assessed the petitioner’s income as Rs. 20,000/- per month based on the Minimum Wages Act in the absence of any concrete evidence of actual earnings – The High Court modified this, holding that since the petitioner was only 10th class pass and not proven t...

Matrimonial Law - Interim Maintenance – Husband’s Meager Income Not a Ground for Denial – Obligation of Able-Bodied Husband – Held: Maintenance Upheld – The applicant challenged the Family Court’s grant of ₹4,000 per month as interim maintenance – Held: An able-bodied husband cannot escape his obligation to maintain his wife merely on the ground of low i...

Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Abuse of Process of Law – The FIR was lodged by the wife two months after the husband filed for divorce – The Supreme Court noted that such delayed allegations, particularly after the initiation of divorce proceedings, indicate an ulterior motive – Held: Criminal proceedings appear to be vexatious...

Matrimonial Law - Void Marriage – Right to Permanent Alimony and Maintenance – Interpretation of Section 25, Hindu Marriage Act – The Court held that Section 25 applies to all decrees passed under the Hindu Marriage Act, including those declaring a marriage void under Section 11 – The word "any decree" in Section 25 must be given a broad interpretation to ensure f...

Criminal Law - Matrimonial Dispute – Quashing of FIR Under Section 498A IPC – Abuse of Process of Law – The wife filed an FIR under Section 498A and 506 IPC against the husband three years after the alleged incidents of cruelty – The complaint lacked specific allegations of dowry harassment or cruelty, and was filed immediately after failed settlement discussions – He...

Family Pension – Legal Entitlement of Spouse – Employee Cannot Unilaterally Deny – Pension Not Part of Estate – The deceased employee had applied for voluntary retirement in 2003 and later removed the name of his wife and daughter from service records—He had also submitted a declaration stating he had divorced his wife—Upon his death, the respondent-wife claimed...

Child Custody – Habeas Corpus – Welfare of the Child – Custody Granted to Father - The appellant-father sought custody of his minor child, who was living with his maternal grandparents after the mother’s demise – The High Court denied custody, granting only visitation rights – The Supreme Court held that the father, as the natural guardian, has a superior claim ...

Matrimonial Law - Recovery of Istridhan – Evidence Upheld – Claim Justified – Wife sought recovery of 30 sovereigns of gold, ₹50,000/- as Acharam, and ₹1,00,000/- as pocket money, alleging misappropriation by the husband – Family Court accepted testimony of PWs 1 and 2 as credible and consistent – Held: The husband's vague approximation regarding the wife&rsqu...