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...
Hindu Marriage Act – Divorce – Grounds of Cruelty and Desertion – Marriage solemnized in 1974, wife allegedly insisted husband live separately from parents, frequently quarrelled, and ultimately deserted matrimonial home in 1984 leaving minor daughter – Husband filed divorce petition in 1992 – Family Court, after detailed evaluation of oral and documentary evidence, g...
Dowry Death – Sections 304B, 306, 498A IPC – Distinction – Section 304B punishes dowry death occurring within 7 years of marriage; Section 498A punishes cruelty simpliciter – Both sections not mutually inclusive; conviction possible under both if facts established – Acquittal under Section 304B does not preclude conviction under Section 498A [Paras 7].
Evidence Act...
Family Law – Mutual Consent Divorce – Withdrawal of Consent – Irretrievable Breakdown of Marriage – Petition under Section 13B filed by both parties – Wife withdrew consent at second stage – Trial Court and High Court dismissed petition relying on Sureshta Devi – Supreme Court held consent must subsist until decree – However, exercised power under Ar...
Transfer of Matrimonial Proceedings – Section 25 CPC – Transfer Declined – Wife sought transfer of Hindu Marriage Petition from Korba to Kolkata citing financial hardship, custody of minor daughter, and inconvenience – Respondent opposed, pointing to advanced stage of trial and assured cooperation – Held: Transfer not justified, but suitable directions issued to mitig...
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...
Criminal Procedure – Maintenance under Section 125 CrPC – Delay in disposal – High Court directed Family Court to expedite proceedings – Petitioner later invoked contempt jurisdiction for non-compliance – High Court summoned Presiding Judge but did not itself grant maintenance – Held: Petitioner has remedy before High Court; appropriate for High Court to exercis...
Criminal Law - Dowry Death – Conviction Under Section 304B IPC Set Aside – Acquittal Ordered – Appeal Allowed – The appellant was convicted under Section 304B IPC for the death of his wife, who committed suicide within seven years of marriage – Supreme Court held that while the victim was mentally disturbed by the appellant’s immoral conduct, there was no credib...
Maintenance – Proof of Marriage – Decree Reversed – Plaintiff filed suit for maintenance claiming to be legally wedded wife of defendant – Defendant denied marriage altogether – Trial Court relied solely on oral testimony of P.W.3 (defendant’s brother-in-law) and decreed maintenance – Appellate Court found no documentary proof of marriage, no evidence of c...
Matrimonial Law – Maintenance – Minor Husband – Maintainability of Proceedings – Section 125 CrPC – No Bar to Proceedings Against Minor Husband – Husband’s minority at the time of filing of maintenance application under Section 125 CrPC cannot be a ground to hold the proceedings as non-maintainable – Chapter IX of CrPC is applicable independent of pr...