Criminal Law – Conviction under Sections 498A and 306 IPC – Acquittal – Appellant convicted by Trial Court for cruelty and abetment of suicide of wife – Deceased gave two versions: (i) complaint to police jamadar (Exh. 55) shortly after the incident citing a domestic quarrel and statement by husband “if you want to die, burn yourself”, and (ii) Dying Declaration...
Family Law – Divorce – Grounds of Cruelty and Adultery – Divorce Decree Set Aside – Respondent-husband was granted divorce by Family Court citing cruelty and desertion – High Court on appeal found no specific incidents of cruelty or reliable evidence of adultery – Allegations of illicit relationship with co-respondent were unsubstantiated – Evidence showed...
Criminal Law - Cruelty and Dowry Demand – Conviction under Section 498A IPC and Section 4 of DP Act – Conviction Set Aside – The appellant was convicted based on vague allegations of mental and physical cruelty and dowry demands – The complainant failed to substantiate claims with specific instances or medical evidence – No corroborative or independent testimony beyon...
Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal Dismissed – Appellant-husband challenged the Family Court's rejection of his divorce petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act – Alleged cruelty due to wife's medical issues, abusive behavior, and property pressure – Also alleged desertion without cause – Held: App...
Family Law - Maintenance – Enhancement under Section 127 Cr.P.C. – Increase Allowed – Revision Allowed – Petitioner sought enhancement of ₹10,000/month maintenance fixed in 2012 to ₹30,000/month citing increase in cost of living, medical needs, and respondent’s pension – Family Court had rejected plea stating no substantial change in circumstances – Hi...
Matrimonial Law – Maintenance - Section 24 HMA – Interim Maintenance to Spouse – Independent Income and Assets – Order to Wife Set Aside – Wife was a Director in a diagnostic company and had received substantial dividends in consecutive financial years; she also held valuable immovable properties – Held: Section 24 aims to ensure sustenance commensurate with the...
Transfer of Proceedings – Matrimonial Dispute – Overlapping Reliefs – Application Allowed – Applicant sought transfer of DV Case No. 62/DV/2024 pending before the Metropolitan Magistrate, 71st Court, Bandra, to the Family Court at Bandra to be heard along with Divorce Petition and Restitution Petition – Court noted substantial overlap in reliefs and parties in both pr...
Matrimonial Law – Title over Joint Property – Claim of Exclusive Ownership – Allowed – Husband sought declaration of exclusive ownership over 85 cents purchased jointly with wife – Evidence including Ext.B1 Sale Deed, bank withdrawals, and father’s loan established that consideration flowed from husband – Wife’s claim of contribution by sale of trees...
Matrimonial Law - Divorce – Mental Cruelty – Decree Affirmed – The marriage between the appellant and respondent was dissolved by decree of divorce under Section 13(1)(a) of the Hindu Marriage Act, which was affirmed by the High Court – Despite the appellant’s willingness to resume marital life, the respondent remained unwilling – The Supreme Court did not inter...
Matrimonial Law - Divorce – Irretrievable Breakdown – Article 142 of Constitution – Divorce Granted – Appeal against High Court’s judgment which set aside divorce decree granted by Family Court on grounds of cruelty – Parties have lived separately since 2010 with no prospect of reconciliation – Supreme Court held that the marriage had broken down irretriev...