Family Law – Criminal Proceedings – Domestic Violence – Maintainability of Section 482 CrPC – Appellants challenged proceedings initiated under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (DV Act) – High Court held that since the DV proceedings are civil in nature, they could not be quashed under Section 482 CrPC – Supreme Court hel...
Matrimonial Law – Divorce - Mental Cruelty – Filing of False Criminal Complaint – Divorce Upheld – The wife filed a criminal case under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act against the husband and his family, leading to their arrest and bail – The charges were not proved and they were acquitted – Held: The act of filing such unsubs...
Family Law - Hindu Marriage Act – Section 27 – Independent Application for Return of Stree Dhan – Not Maintainable – Impugned Judgment Set Aside – Family Court passed order under Section 27 of the Hindu Marriage Act independently, without pendency of any matrimonial proceeding under Sections 9 to 13B – Held: Section 27 does not create an independent cause of act...
Family Law – Order VI Rule 17 CPC – Delay Tactics in Divorce Suit – Belated Amendment to Add Restitution Claim – Rejected – Respondent sought to amend written statement after 10 years of divorce proceedings to include counterclaim for restitution of conjugal rights—Court held: Application filed after evidence was closed and date fixed for final hearing—No ...
Civil Law - Child Custody – Paramount Consideration of Welfare – Father's Custody Refused – Despite being acquitted of wife's alleged murder, the father was denied custody of the minor son – Court prioritized the child's welfare, observing emotional trauma and the minor's expressed unwillingness to reside with the father – Reiterated that guardianship ...
Matrimonial Law – Transfer of Matrimonial Case – Divorce by Mutual Consent – Petition under Section 25 CPC – Allowed in part - The Supreme Court exercised its power under Article 142 to dissolve the marriage between the parties despite pending transfer petition – Mutual consent for divorce recorded, and transfer petition was accordingly disposed of [Paras 1-3, 10-11, ...
Matrimonial Law - Compromise in Matrimonial Dispute – Allegation of Lack of Informed Consent – Fresh Opportunity Granted – Wife opposed recording of compromise agreement reached before counsellor, alleging she was unaware of its full terms and was denied legal advice—Family Court dismissed her objection—Held: No evidence was adduced by wife to support her claim, but s...
Civil Law – Recovery - Matrimonial Property – Return of Gold Ornaments – Evidence from Marriage Register and Photos – Decree Enhanced – Wife claimed 60 sovereigns of gold ornaments were given at time of marriage—Marriage register and photos supported her version—Respondents alleged only 25 sovereigns, part of which was pledged—Court found 60 sovereig...
Family Law – Divorce on Ground of Cruelty – Mental and Physical Harassment – Divorce Upheld – Respondent-husband alleged harassment, multiple false criminal cases, physical violence, and forcible ouster of parents by appellant-wife – Family Court found repeated acts of cruelty including 45 FIRs, threats, assaults, and financial control – Divorce decree affirmed ...
Criminal Revision - Domestic Violence – Shared Household – Relief under Section 18,19, 26, 36 of the Domestic Violence Act (DV Act) – 84-year-old mother alleged domestic violence by son and sought his removal from shared household – Magistrate allowed the prayer, but appellate court reversed the order citing pending civil suit and lack of direct evidence – Held: Relie...