Matrimonial Law - Transfer Petitions – Matrimonial Disputes – Amicable Settlement – All proceedings quashed – Multiple litigations were pending between the parties in various courts, including criminal and civil matters arising from matrimonial discord – Held: The Court exercised its power under Article 142 to quash all proceedings including FIRs, complaints, revision...
Family Law – Matrimonial Dispute – Section 13(1)(ia) of the HMA Act - Section 18, Hindu Adoptions and Maintenance Act - Divorce, Maintenance, and Return of Gold Ornaments – Partial Relief Granted to Both Spouses – The Family Court dismissed the husband’s petition for divorce and the wife’s claim for return of gold and maintenance, except for maintenance of the m...
Matrimonial Law – Divorce - Section 13(1)(ia) of the Hindu Marriage Act – Divorce on Grounds of Cruelty – Appeal Dismissed – Decree Affirmed – The appellant-wife challenged the decree of divorce granted to the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act – Respondent had alleged physical abuse, defamatory complaints to employer and mental...
Matrimonial Law - Maintenance Revision – Quantum of Maintenance – Sections 125 and 127 CrPC – Enhancement Granted with Increment Provision – In this batch of revisions, the wife challenged the Family Court’s order reducing her maintenance from ₹30,000/- to ₹20,000/- while the husband sought further reduction on account of his retirement – The High Court scru...
Matrimonial Law – Maintenance - Nullity of Marriage – No Entitlement to Interim Maintenance – Sections 12, 23 of Domestic Violence Act – Orders Set Aside – The revisionist challenged interim maintenance awarded to opposite party-2 under the Domestic Violence Act after the marriage was judicially declared null and void – The Court held that following the de...
Family Law – Divorce – Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 - Cruelty and Desertion – Divorce Decree Upheld – The appellant-wife challenged the Family Court’s decision granting divorce to the husband on grounds of cruelty and desertion while dismissing her petition for restitution of conjugal rights – The High Court held that the wife faile...
Family Law - Custody of Minor – Section 6, 7 and 17 of the Guardians and Wards Act - Paramountcy of Welfare – Section 17 of Guardians and Wards Act – Custody Restored to Mother – In a dispute concerning custody of a 9-year-old minor, despite the personal law favouring custody to the father after seven years, the Court applied the welfare principle under Section 17 of the Ac...
Matrimonial Law - Maintenance – Section 12, 18, 19, 20, 22, and 23 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) - Interim Maintenance – Enhancement – Financial Capacity of Husband – Maintenance Upheld – The petitioner-husband challenged the enhanced maintenance of ₹1,00,000/- per month fixed by the Additional Sessions Judge on the ground of...
Domestic Violence Act – Penal Action under Section 31 – Breach of Monetary Relief – Conviction Set Aside – The petitioner challenged the appellate court’s order setting aside the respondent's conviction for non-payment of interim maintenance awarded under Section 23 of the D.V. Act – The High Court held that only breach of ‘protection orders’ und...
Divorce – Irretrievable Breakdown of Marriage – Dissolution of Marriage Granted under Article 142 of the Constitution – Appellant-husband filed for divorce citing cruelty but failed to establish the allegations before the Family Court and High Court – Supreme Court, considering 16 years of separation, cessation of cohabitation, and acquittal of appellant in related criminal...