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...
Succession to the impartible Bodinaickanur Zamindari - Impartible Zamindari – Overall Succession Dispute – Mitakshara & Primogeniture – All Appeals Dismissed – Estate held to retain joint family character; widow’s claim to zamindari rejected; third branch (Rajaya) entitled to succeed by lineal primogeniture; Boothipuram held separate/self-acquired of Kandasami dev...
Hindu Marriage – Void Marriage – Second Marriage during subsistence of first – Conversion and Re-conversion – Compromise and Quashing of FIR – Woman, originally Muslim, married Hindu petitioner by Hindu rites while first marriage subsisted – Later divorce decree obtained – Held: Marriage void ab initio under Section 11 HMA as contravening Section 5(i); abs...
Domestic Violence – Shared Household – Right of Residence – Section 2(s) read with Section 17, PWDV Act – Wife began residing at property owned by her in-laws immediately after marriage – Held: Property qualifies as “shared household” irrespective of ownership – Right of residence under Section 17 not dependent on title – Once aggrieved person ...
Dowry Death – Section 304B IPC – Essential Ingredients – Deceased died due to burns within 7 years of marriage – Consistent statements by PW-1 (father), PW-2 (mother), and DW-3 (sister of deceased) established harassment and dowry demand for Rs. 5,000 and items like TV and fridge – Held: Prosecution established that cruelty occurred “soon before her death”...
Family Law – Divorce – Cruelty and Desertion – Appellant-husband sought divorce alleging desertion and cruelty – Trial Court granted divorce – High Court reversed, holding husband failed to plead or prove specific instances of cruelty or animus deserendi – Held: High Court rightly found no concrete evidence or specific pleadings supporting claims – Evidenc...
Muslim Law - Execution Proceedings – Widow’s Claim of Dower – Priority Question – Widow not Secured Creditor – A widow in possession of her husband’s estate in lieu of unpaid dower raised objection to attachment by a decree-holder creditor – The executing court upheld her claim, treating her position as analogous to a secured creditor – Held: Dower i...
Hindu Law – Adoption by Jain Widow – Customary Authority – Adoption made by Bhuribai, a Jain widow, without express authority from her husband Padamchand – Validity challenged – Held: Among Jains, except those domiciled in Madras and Punjab, a widow has customary right to adopt a son to her deceased husband without express authority or consent of sapindas – Cust...
Family Law - Hindu Succession – Proof of Daughtership – Oral vs Documentary Evidence – Finding of Natural Daughtership Upheld – Plaintiffs (alleged reversioners) disputed that Binodini was the natural daughter of Govind Ballab; Trial Court leaned on loose “account sheets” and almanac entries to negate daughtership; High Court preferred credible oral evidence (in...
Matrimonial Proceedings – Transfer Petition – Convenience of Wife – Appellant-wife sought transfer of divorce case filed by husband from Tis Hazari Courts, Delhi to District Court, Panchkula – Wife residing in Panchkula with two minor daughters, one only 7 months old – No appearance made by respondent despite due service – Held: Considering difficulty faced by w...