Matrimonial Law – Enhancement of Permanent Alimony – Quantum of Maintenance – Alimony Enhanced - Appellant-wife challenged High Court’s fixation of permanent alimony at ₹20,000/month – Respondent-husband claimed net income of ₹1,64,039/month and remarriage obligations – Supreme Court found original amount inadequate considering past lifestyle and inflation &...
Matrimonial Law - Domestic Violence – Interim Monetary Relief – Section 23 of PWDV Act – Interim Relief Enhanced – The petitioner, wife of the opposite party, challenged the order of the Appellate Court granting interim relief of Rs. 50,000/- per month to her and Rs. 80,000/- per month to her daughter – Considering the opposite party’s annual income of Rs. 7.19 ...
Matrimonial Law - Domestic Violence – Requirement of Domestic Relationship – DV Act – Petition Dismissed - Petitioner challenged concurrent orders of Trial and Appellate Courts which held that no domestic relationship existed between her and Respondent Nos. 3 to 6 since 2013 – Held: The petitioner was residing in a separate household since 2013 and no present or continuing ...
Family Law – Sections 9 and 13 of the Hindu Marriage Act, 1955 (HMA) - Divorce on Ground of Adultery and Desertion – Evidence Held Insufficient – Divorce Denied – The appellant alleged that his wife established an illicit relationship with another man and deserted the matrimonial home, and sought divorce on these grounds – The Family Court dismissed the suit for lack ...
Matrimonial Law - Maintenance – Ad-Interim Maintenance under Section 125 Cr.P.C. – Scope and Applicability – Petition Partly Allowed – The petitioner challenged the Family Court orders granting ad-interim maintenance of ₹6,000/- per month to the respondent from the date of filing of the application – Held: Family Court was right in granting ad-interim maintenance ba...
Matrimonial Law - Admissibility of Secretly Recorded Conversations – Balance between Right to Fair Trial and Privacy – Section 122 of Indian Evidence Act – Appeal Allowed – The Supreme Court allowed the appeal filed by the husband challenging the High Court’s decision disallowing the admission of secretly recorded conversations in a matrimonial proceeding – Held...
Family Law - Section 19 and Section 22 of the Hindu Adoptions and Maintenance Act - Maintenance to Widowed Daughter-in-law – Entitlement under Section 19 of the Hindu Adoptions and Maintenance Act – Appeal Dismissed – Respondent No.1 (widow) along with her two minor children filed a claim for maintenance against her father-in-law and brother-in-law – Family Court found that...
Matrimonial Law – Validity of Marriage – Prior Subisting Marriage – Declaration and Partition Denied – The petitioner claimed marital status and sought partition of properties belonging to the deceased Madhuprasannan – Held: The evidence conclusively proved that the deceased was already married to the first respondent (Jayasree) on 21.08.1989 at the Mishra Vivaha Sami...
Matrimonial Law – Contempt - Visitation Terms – Alleged Violation of Family Court Order – Contempt Petition Filed – Petitioner alleged that respondent breached visitation conditions by taking videos and disrupting her workplace during court-permitted visitation with children – Held: No merit in allegations; conduct of petitioner and her associates was provocative &nda...
Family Law – Maintenance under Section 24 Hindu Marriage Act, 1955 – Justified Quantum – Respondent-wife filed application for interim maintenance during pendency of divorce proceedings – Family Court, based on income affidavits and records, assessed husband’s monthly income at ₹47,128 and granted ₹15,000 as maintenance (₹8,000 for wife, ₹7,000 for child...