Matrimonial Law – Interim Maintenance – Priority of Decision – The appellant sought a decision on her application for interim maintenance under Section 24 of the Hindu Marriage Act before the main petition – Held: Family Court rightly decided to take up the application along with the main petition, in line with established legal principles [Para 6].
Procedural Law &ndash...
Family Law – Visitation Rights – Welfare of Minor Child – Appeal against High Court’s order directing mother to facilitate visitation between father and minor child at a location 150 km from her residence – High Court observed that the father, as the natural guardian, is entitled to visitation rights but dismissed the appellant-mother’s objections regarding the ...
Family Law – Transfer of Petition – Dismissal of Transfer Application by the High Court – Conduct of Applicant Considered – Application by the wife under Section 11 of the Hindu Marriage Act, 1955, seeking the transfer of a petition from the Family Court in Jhajjar to Rupnagar – Applicant alleged the respondent-husband kidnapped their children and demanded money for d...
Child Custody – Welfare of the Minor – Visitation Rights Modified – Daily visitation ordered by the Family Court was deemed excessive, disrupting the child's routine – Held: Visitation schedule modified to twice weekly (Tuesdays and Sundays), ensuring the child's welfare while preserving the father-daughter bond [Paras 41-56].
Parental Alienation &ndash...
Family Law – Summoning of Witness – Application under Order XVI Rule 1(3) of CPC – Quashing of Family Court Order – Lack of Reasoning in Dismissal – Petitioner filed an application to summon a mediator as a witness in ongoing matrimonial dispute proceedings, asserting the relevance based on prior references to the individual’s mediation role in testimony –...
Grounds for Divorce – Desertion – Long-Term Separation Constituting Desertion - The appellant argued that the trial court erred in granting a divorce on grounds of desertion without specifically establishing intent (animus deserendi) as required under Section 13(1)(ib) of the H.M. Act – Held: The Court confirmed that the prolonged separation of over 27 years without reasonable ca...
Matrimonial Law - Interim Maintenance – Quantum and Standard of Living – Maintenance Restored – The wife sought interim maintenance of ₹2,50,000 per month, initially awarded ₹1,75,000 by the Family Court but reduced to ₹80,000 by the High Court – Supreme Court restored the Family Court's award, emphasizing the husband's substantial income and the wife's en...
Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s p...
Family Law – Interim Maintenance – Execution of Maintenance Orders – Appeal Dismissed – The appellant challenged the execution of an interim maintenance order passed under Section 36 of the Special Marriage Act, contending that the order was not enforceable under Section 39A, which applies to orders passed under Chapters V or VI, while Section 36 is in Chapter VII – H...
Matrimonial Law - Maintenance Pendente Lite – Section 24 HMA – Independence from Divorce Petition – Appellant argued that withdrawal of the divorce petition rendered Family Court functus officio to decide maintenance – Held: Section 24 proceedings are independent and survive withdrawal of the main case – Statutory provisions aim to ensure financial security of the dep...