Family Law – Maintenance to Wife and Child – Financial Obligations of Husband – Petitioner argued inability to pay maintenance awarded by Family Court due to low income and personal obligations – Evidence showed inconsistent financial disclosures by petitioner, including alleged property dealing income and sale of ancestral property – Held: Petitioner, being healthy a...
Criminal Procedure – DNA Test Order – Application under Section 482 Cr.P.C. challenging the trial court's order for DNA testing to ascertain paternity in a maintenance claim under Section 125 Cr.P.C. – Applicant argued against the legality of forced DNA testing without consent – Court upheld the order emphasizing that DNA testing is necessary to establish truth in pater...
Marriage and Divorce – Desertion – Appeal against dismissal of divorce petition – Appellant claims wife deserted him and was in an adulterous relationship – Trial court dismissed suit finding no evidence of desertion or adultery – Appellant failed to prove allegations with substantive evidence – Desertion requires animus deserendi and absence of reasonable cause...
Grounds for Divorce – Desertion – Long-Term Separation Constituting Desertion - The appellant argued that the trial court erred in granting a divorce on grounds of desertion without specifically establishing intent (animus deserendi) as required under Section 13(1)(ib) of the H.M. Act – Held: The Court confirmed that the prolonged separation of over 27 years without reasonable ca...
Transfer of Case – Matrimonial Proceedings – Convenience of Petitioner-Wife – Petition filed under Section 24 of CPC for transferring matrimonial case from Bengaluru to Tiptur – Petitioner residing in Tiptur with aged parents – Traveling to Bengaluru (190 km) causes hardship and inconvenience – Transfer granted considering convenience of the wife and legal prece...
Criminal Law – Quashing of FIR and Proceedings under Article 142 – Appeal Allowed – The appellant was charged with multiple offences, including under Sections 376 and 377 IPC, based on a complaint by his wife. However, during trial, the complainant retracted her statements, indicating she filed the complaint under family pressure. Held: Considering the retraction and the desire o...
Quashing of FIR – Post-Divorce Proceedings – Section 498-A, IPC – Quashing Allowed – The appellants, former in-laws of the second respondent (complainant), sought quashing of criminal proceedings under Section 482 CrPC, contending that the complainant has since remarried and is residing in Austria. The Supreme Court held that continuing the criminal proceedings would not se...
Maintenance – Muslim Law – Talaak Validity – Petitioner challenged the Revisional Court’s order directing him to pay maintenance – Contended divorce (Talaak) pronounced validly, relieving him of obligations – High Court upheld Revisional Court’s decision – Talaak must be proven with efforts for reconciliation, valid reason, presence of just witnesses...
Domestic Violence – Right of Residence – Shared Household – The petitioner, who married the second respondent, claimed her right to reside in the shared household under Section 19 of the Domestic Violence Act. The Magistrate’s earlier order protecting her right to stay in the shared household was recalled on the grounds that the property was owned by her father-in...
Desertion and Cruelty – Prolonged Separation as Grounds for Divorce – Appeal Allowed - The appellant claimed that the respondent deserted him without cause, and long-term separation amounted to cruelty – Held: Continuous separation for over two decades with no genuine reconciliation efforts demonstrates desertion and mental cruelty under Section 13(1)(ia) and (ib) of the H.M. Act...