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...
Matrimonial Dispute – Quashing of Criminal Proceedings – Sections 323, 406, 498-A, 506 IPC – Section 482 CrPC – Appeal Allowed – Appellants (husband and in-laws) sought quashing of FIR No.67/2019 alleging cruelty, assault, breach of trust, and intimidation – Parties divorced by mutual consent on 19.01.2024; all claims settled; complainant stated no objection to ...
Matrimonial Dispute – Allegations against Father-in-law – Sections 498A IPC & 3, 4 Dowry Prohibition Act – Quashing under Article 142 – Appellant, father-in-law of complainant, sought quashing of FIR alleging dowry demand and physical assault – FIR lodged nearly two months after alleged incident and after husband filed divorce petition – Complainant and husb...
Matrimonial Law - Confidentiality in Matrimonial Proceedings – Section 22 of HMA – Scope of “Publication” – Appeal Dismissed – The appellant-husband alleged that the respondent-wife, her brother, and her employer disclosed confidential details of matrimonial litigation and custody disputes to third parties, violating Section 22 – Family Court found disclos...
Family Law - Senior Citizens Act – Right of Residence – Interplay with Domestic Violence Act – Tribunal’s order upheld – Petitioners (daughter-in-law and relatives) challenged Maintenance Tribunal’s order under Senior Citizens Act permitting 2nd respondent (mother-in-law) to reside on first floor of same building occupied by petitioners on ground floor – P...
Maintenance Claim – Second Marriage with Deceased Husband’s Brother – Section 125 Cr.P.C. – Dismissal Set Aside – Revision Allowed – Trial court dismissed maintenance claim of widow and her two minor children on ground that her marriage with deceased husband’s brother (respondent) was not proved – Departmental inquiry in police service found responde...
Criminal Law - Quashing of Proceedings – Section 498A IPC – Petition Dismissed – Petitioner sought quashing of GR Case No. 1569 of 2023 arising from complaint by wife alleging physical and mental cruelty—FIR contained no dowry demand but alleged assault and neglect—Court held that FIR is not required to detail every incident; absence of wife’s presence in procee...
Matrimonial Law – Divorce – Section 13(1)(ia) of the Hindu Marriage Act, 1955 - Mental Cruelty – False Allegations – Decree of Divorce Granted – Held: Making unfounded, false, and defamatory allegations against the husband and his family amounts to mental cruelty – The respondent-wife admitted in cross-examination that allegations of physical abuse, extra-...
Matrimonial Law - Section 2(s), Section 17, and Section 19 of the DV Act - Shared Household – Definition under Section 2(s) DV Act – Under-Construction Flat Not Covered – The petitioner sought orders under Section 19(d) and (e) of the DV Act for payment of pending installments towards a jointly booked flat claiming it as “shared household” – Held: Shared househo...
Matrimonial Law - Transfer of Matrimonial Proceedings/Case – Grounds of Inconvenience and Financial Hardship – Application Rejected – The Applicant-wife sought transfer of divorce proceedings from Family Court, Pune to Kalamb citing health issues, distance, and financial constraints – Held: The Applicant had appeared in the Pune Court on several occasions, was represented b...