Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act – FIR and chargesheet challenged as vague, retaliatory, and without specific evidence – FIR quashed.
Matrimonial Dispute – Allegations of Dowry Harassment – FIR No.82 of 2022 dated 01.02.2022 was registered against the appellants und...
Family Law – Divorce on grounds of cruelty – Marriage dissolved on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 – Appellant-wife aggrieved by the judgment and decree of the Family Court – Appeal filed under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Act, 1955. [Para 1]
Marital Dispute – Allegations of crue...
Family Law – Family Law – Divorce – Cruelty – High Court granted divorce to the appellant, Major Shashi Chauhan, on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The Court set aside the impugned judgment dated 21.12.2018, which had dismissed the appellant's divorce petition. [Para 71]
Evidence – Allegations of Cruelty...
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 ...
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 – 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...
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 –...
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 – 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...
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...