Matrimonial Law - Domestic Violence Act – Maintenance and Alternative Accommodation – Quantum Justified – Petitioner/husband challenged concurrent orders granting ₹2,500 per month as maintenance and ₹500 as rent for alternate accommodation to the wife under Sections 18 and 19 of the Domestic Violence Act – Trial Court found wife to be unemployed and dependent – Ma...
Family Law - Domestic Violence – Interim Residence Order – Shared Household – Alternate Accommodation – Validity – Wife sought exclusive residence in shared household; Magistrate declined eviction of husband but directed him to provide rented alternate accommodation with equivalent amenities—Sessions Court upheld—Held: Interim orders are meant to maintain ...
Divorce – Cruelty – Section 13(1)(ia), Hindu Marriage Act – Wife alleged persistent dowry demands, misappropriation of jewellery, repeated assaults including a violent incident on 08.03.2013, and continuous humiliation – Evidence of wife and her father supported allegations – Respondent did not produce any witness or document – Held: Conduct caused grave mental ...
Matrimonial Law - Maintenance – Section 24 of the Hindu Marriage Act – Appeal partly allowed – Family Court granted Rs. 35,000/- per month for child but denied wife’s maintenance – Held: Object of Section 24 HMA is not mere subsistence but to ensure parity of lifestyle between spouses during litigation – Wife earning Rs. 1,25,000/- per month does not disentitle ...
Civil Law - Partition Suit – Validity of Family Settlement – Registration Not Required – Partition Upheld – The Appellants contended that the Family Settlement was superseded by a Builders’ Agreement and required registration – Court held that the Memorandum of Family Settlement merely delineated enjoyment rights and did not create or extinguish any rights in im...
PIL - Anand Karaj marriages—Section 6, Anand Marriage Act—States/UTs directed to notify rules within 4 months—Till then, registration to be facilitated under existing marriage registration frameworks without discrimination—Union of India to coordinate and file compliance report—Petition disposed with time-bound directions [Paras 11–16].
Constitutional Duty &n...
Family Law - Marriage – Validity of Hindu Marriage – Section 7 of the HMA – Appeal dismissed – Husband sought declaration that marriage was void on ground that Saptapadi was not performed – Held: Section 7(1) allows solemnisation of marriage as per customary rites of either party, without mandating Saptapadi in all cases – Sub-section (2) applies only if Saptapa...
Cruelty – Decree of Divorce – Section 13(1)(ia) of Hindu Marriage Act – Divorce Affirmed – The husband filed for divorce on grounds of mental cruelty; the wife filed counter-allegations including domestic violence – Family Court granted divorce which was upheld by the High Court – Supreme Court observed long-standing acrimony and prolonged separation since 2009,...
Matrimonial Law – Divorce – Admissibility of Electronic Evidence – Section 14 of Family Courts Act – WhatsApp Chats Admissible – The petitioner/wife challenged the Family Court’s order permitting the husband to mark WhatsApp chats as evidence alleging violation of her right to privacy – Held: Under Section 14 of Family Courts Act, Family Courts are n...
Family Law - Divorce – Cruelty & Desertion – Section 13(1)(ia) & (ib) Hindu Marriage Act – Irretrievable Breakdown – Marriage dissolved – Appellant sought divorce alleging cruelty and desertion—Trial Court dismissed citing wife’s dowry complaint and suppression of earlier restitution proceedings—Appellant and family later acquitted in crimina...