Family Law - Senior Citizens Act – Eviction Power – Jurisdictional Limits – Order Set Aside – Respondent No.2 (father) sought eviction of daughter under the 2007 Act based on GPA and agreement to sell – Held: GPA and sale agreement do not confer ownership or title – Only owners of property can seek eviction under the Act – Impugned order passed without jur...
Criminal Law – Quashing of FIR - Matrimonial Dispute – General Allegations Against In-Laws – Proceedings Quashed in Part - Petitioners challenged FIR under Sections 498A, 504, 506 IPC – Allegations against petitioner No.4 (Surinder Kaur) were found vague and lacking specific instances of cruelty or provocation – Held: Prosecution against her is abuse of process &ndash...
Child Custody – Trauma Due to Litigation – Modification of Custodial Arrangements Set Aside – Welfare of Child Paramount - The Family Court altered an earlier consent decree granting shared custody based on allegations of the mother violating its terms – The child, diagnosed with ADHD, was unwilling to go with the father and displayed emotional distress in court – Hel...
Matrimonial Law - Divorce – Irretrievable Breakdown of Marriage – Article 142 Invoked – Divorce Granted – Supreme Court held that parties had lived separately for over eleven years with no possibility of reconciliation – Repeated attempts at mediation failed and parties remained emotionally and practically estranged – Marriage dissolved in exercise of powers und...
Civil Law - Validity of Marriage – Arya Samaj Ceremonies – Presumption of Validity – Application Dismissed - The applicant contended that marriage with opposite party no. 2 performed at Arya Samaj Mandir was invalid and hence proceedings under Section 498A IPC were untenable – Court held that marriages performed as per Hindu rites (including Kanyadan, Panigrahan, and Saptap...
Matrimonial Law - Maintenance – Enforcement of Judicial Orders – Non-Attraction of Section 92(i) AFA – Petitioner sought deduction of maintenance from salary under Air Force Act – Held: Since civil courts had already granted maintenance and respondent was complying, such recovery cannot be enforced under Section 92(i) – Air Force guidelines (AFO 24/2000) bar parallel ...
Family Courts Act – Jurisdiction under Section 7(1)(b) – Declaration of Marital Status – Jurisdiction Upheld – The Family Court had jurisdiction to entertain a suit for declaration of marital status under Section 7(1)(b) of the Family Courts Act – The contention that such declaration should be made under Section 34 of the Specific Relief Act was rejected – Held:...
Civil Writ - Habeas Corpus – Custody of Minor Children – Jurisdiction under Article 226 – Writ Not Maintainable – The petitioner-father sought a writ of Habeas Corpus against his wife, who took their minor children to the U.S.A. during the pendency of custody proceedings – Held: Petitioner has an effective alternative remedy under the Guardians and Wards Act by filing...
Matrimonial Muslim Law - Ex-Parte Divorce Decree – Subsequent Remarriage – Decree Restored – The appellant-wife obtained a divorce decree under Section 2 of the Dissolution of Muslim Marriages Act, 1939 which became final and pursuant to which she remarried and had a child – The Court held that restoration of the matrimonial case would serve no purpose since appellant's...
Matrimonial Muslim Law - Maintenance — Minor Daughter’s Right — Section 125 CrPC — Maintenance directed for wife but omitted for minor daughter — Illegality committed by Family Court — Held: Minor daughter, being undisputedly born out of wedlock, is entitled to maintenance from her father under Section 125 CrPC — Court directed Rs.2,000/- per month as main...
