Family Law – Maintenance – Interim Maintenance – Standard of Living – Husband Part of Wealthy Family Business – Suppression of Means – Wife Entitled to Maintenance Reflective of Marital Lifestyle – Husband’s claim of earning only Rs. 6 lakhs annually held prima facie false – Business-family finances inextricably interlinked – Court must c...
Maintenance – Section 144 BNSS – Son’s Independent Obligation to Maintain Aged Mother – Husband’s Support Not a Bar – Alleged Cattle Rearing Unsupported – Son Employed Abroad with Sufficient Means – Maintenance of Rs.5,000 Upheld – Revision Dismissed [Paras 6–9].
Maintenance of Parents – Section 144 BNSS (Sec.125 CrPC) – In...
Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Dowry Prohibition Act – High Court quashed proceedings arising from FIR No.35 of 2024, registered by appellant-wife against husband and in-laws alleging harassment and dowry demand – High Court held non-mention of two specific incidents (dated 22.07.2021 and 27.11.2022) in earlier complaints before FIR ...
Criminal Law – Quashing of Proceedings – Domestic Violence – Maintainability – Appellants approached High Court under Section 528 of BNSS (earlier Section 482 Cr.P.C.) seeking quashing of proceedings under Section 12(1) of the DV Act – High Court dismissed the petition as not maintainable – Supreme Court held that the law on maintainability is settled in Shaurab...
Family Law – Divorce – Ex Parte Decree – Special Marriage Act – Decree set aside – Marriage dissolved by Family Court based on unchallenged testimony of husband after wife failed to file written statement and remained absent – Held: Even in absence of contesting party, Family Court must assess evidence on merits and provide reasoned findings – Mere non-app...
Guardianship – Custody of Minor – Interim Custody to Father – Welfare Paramount – Appeal under Section 19 of the Family Courts Act challenging Family Court’s interim order granting father custody of minor girl (aged 4 years, Russian national) and restraining mother from taking child abroad – Held: Welfare and stability of child take precedence over statutory par...
Family Law – Return of Gold Ornaments/Istridhan – Recovery Claim – Marriage Gifts – Wife claimed 65 sovereigns of gold ornaments were entrusted to husband and in-laws – Family Court allowed recovery of 52.955 sovereigns or value thereof – Held: Photographs and evidence proved possession of at least 53 sovereigns – Admission of husband inconsistent – ...
Domestic Violence – Delay in Proceedings – Pendency of Case Since 2018 – Petitioner-wife filed complaint under Section 12 of the DV Act on 06.11.2018 – Despite service of notice on 28.05.2019, respondent failed to appear – Trial proceeded ex parte – Respondent appeared only in January 2021 – Interim maintenance of ₹15,000/month awarded but reduced to ₹...
Hindu Joint Family – Separation vs. Joint Status – Burden of Proof – Where one coparcener’s separation is admitted, no presumption of continued jointness among others – Separation or unity must be proved on facts – In present case, mortgage deeds of 1879, 1885, and 1898 (Exs. 2, 2(a), 2(b)) recited partition among all three brothers – Clear evidence of sep...
Family Law – Matrimonial Property – Return of Gold Ornaments – Entrustment and Misappropriation – Wife alleged entrustment of 75 sovereigns of gold ornaments to husband as trustee post-marriage – Husband denied, relying on compromise agreement (Ext. A2) admitting only 38½ sovereigns – Held: Ext. A2 genuine and voluntarily executed – Oral evidence an...