Family Law – Appeal for Declaration of Matrimonial Status – Appeal under Section 19 of the Family Court Act 1984 – The appellant, Smt. Hasina Bano, filed an appeal against the dismissal of the suit by the Family Court, Jhansi, seeking a declaration of her matrimonial status as "divorced" by mutual consent (mubara’at) under Muslim Personal Law – The trial cou...
Family Law – Divorce on Grounds of Cruelty – Appeal under Section 13(A) of the Hindu Marriage Act – The appellant, Shweta Singh, sought a divorce on grounds of cruelty, alleging that the respondent demanded dowry, assaulted her, and refused to consummate the marriage – The trial court dismissed the divorce petition, stating that the allegations did not meet the legal criter...
Hindu Marriage Act, 1955 – Divorce Granted – Grounds of Cruelty and Desertion - The appellant alleged that the respondent-wife insisted on moving to her parental home and later deserted him without consent - The respondent claimed harassment and demand for dowry - The Court noted the absence of denial by the respondent that she left the matrimonial home and the omission to explain the ...
Family Law – Maintenance – Quantum of Maintenance – Reduce Maintenance - The wife filed an application under Section 125 Cr.P.C. seeking maintenance, claiming the husband, employed as a vice president in Citi Bank Dubai, was earning a substantial income – The Family Court awarded interim maintenance of ₹60,000 per month to the wife – The husband contested the amount...
Parole – Grounds for Granting – Convict sought parole to arrange finances and bid farewell to his son departing for higher studies abroad – Authorities rejected application citing pendency of appeal – High Court held pendency of appeal not a valid ground to deny parole – Rule 18 of Prisons (Bombay Furlough and Parole) Rules, 1959, interpreted to allow parole for signi...
Child Custody – Habeas Corpus Petition – Custody of Minor Child under Article 226 – Supreme Court’s Decision to Restore Custody to Maternal Family – Custody to be decided under Guardians and Wards Act (GW Act) – The Supreme Court held that the Madhya Pradesh High Court erred in ordering the custody of a minor child (2 years, 7 months old) to her father and pater...
Family Law – Divorce – Cruelty – Vague Allegations – Petition Dismissed – The appellant failed to establish specific instances of cruelty to support his divorce petition. The allegations were vague, lacking in detail about the time, place, or nature of the acts. The court concluded that no concrete evidence of cruelty was presented, and the appellant failed to dischar...
Maintenance – Limitation on Arrears – The petitioner challenged the order directing him to pay ₹1,20,000 in maintenance arrears, arguing that the claim was time-barred under Section 125(3) CrPC, which limits recovery of maintenance arrears to one year – The Court agreed, holding that the learned Magistrate had erred by ignoring the earlier order recognizing the time limitation ...
Family Law – Transfer of Matrimonial Proceedings – Application for transfer of Marriage Petition filed by the Respondent Husband from Family Court, Bandra, Mumbai, to the Court of Civil Judge, Senior Division, Pune, by the Applicant Wife – Application allowed – High Court emphasized the convenience of the wife, especially considering her employment transfer to Pune and lack...
Family Law – Divorce on Grounds of Cruelty and Desertion – Appellant sought dissolution of marriage on the grounds of cruelty and desertion – Family Court dismissed the suit – High Court found that the long separation of over a decade and the absence of communication between the parties constituted mental cruelty – Respondent’s refusal to live with the appellant...