Family Law - Hindu Marriage Act - Validity of Marriage – Marriage during the subsistence of the first wife is void – Second wife not entitled to maintenance – However, child born from such a void marriage is legitimate and entitled to inherit the self-acquired property of the deceased father. [Paras 12-13, 20]
Family Law - Legitimacy and Inheritance – Children ...
Family Law - Divorce - Grounds of Cruelty and Irretrievable Breakdown - Judicial Review – The husband filed for divorce alleging cruelty and desertion. The trial court granted divorce based on irretrievable breakdown of the marriage. The appellate court held that 'irretrievable breakdown of marriage' is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 19...
Hindu Marriage Act - Maintenance and Divorce – Appeal – Non-compliance of interim maintenance order under Section 24 by husband – Defence struck off – Order under Section 24 essential for the indigent spouse to prosecute proceedings – Section 151 CPC invoked for enforcement of maintenance order – Non-payment of maintenance amounts to taking advantage of own wron...
Family Law - Interim Maintenance - Maintenance for Children under Section 24 – Petitioner challenged the order granting interim maintenance of ₹2000 per month to the wife and ₹2500 per month each to minor children – Marriage solemnized in 2008 with two children born from wedlock – Wife left matrimonial home in 2013 and filed application under Section 24 for interim maintenanc...
Divorce - Cruelty and Desertion - Practicing Reiki – Husband alleged cruelty and desertion by wife due to her practice of Reiki – Wife contended she learned Reiki for peace of mind – Court held that merely learning Reiki does not constitute cruelty or desertion unless it is shown that the spouse has renounced the world – Petition dismissed as no evidence established that th...
Transfer of Proceedings – Convenience of Wife – Domestic Violence Case – The applicant sought transfer of a domestic violence petition from Amritsar to Hoshiarpur, citing difficulties in attending proceedings due to the distance and her current residence with her parents in Hoshiarpur. The court granted the transfer, considering the principle that in matrimonial disputes, the con...
Custody of Minor - Mother's Right – Writ of Habeas Corpus under Article 226 – Section 6 of Hindu Minority and Guardianship Act, 1956 – Custody of minor girl child aged less than 5 years – Petitioner-mother sought custody from father and grandparents – Held, mother's love and care indispensable for healthy growth – Grandparents unable to provide equivalen...
Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal – Family Court dismissed husband's petition for nullity and divorce – Husband alleged cruelty and desertion – Court finds marriage irretrievably broken – Parties living separately for over 10 years – Continuous separation presumed as broken marriage – Appellant's petition under Secti...
Family Law - Divorce on Grounds of Cruelty – Appeal – Family Court granted divorce to the husband on grounds of cruelty – Wife appealed, challenging the admissibility of electronic evidence and findings of cruelty – High Court upheld Family Court's decision – Held, Family Courts have wide discretion under Section 14 of the Family Courts Act, 1984, to admit evidenc...
Criminal Law – Regular Bail – Petitioner in Custody – Criminal Miscellaneous Petition seeking regular bail under Section 439 Cr.P.C. – FIR registered under Sections 363, 366-A IPC, later including Sections 376, 506, 120-B IPC, and Section 4 of POCSO Act – Petitioner is mother of the main accused and not directly involved in sexual assault – In custody for over 1...