Live-in Relationship – Protection of Life and Liberty – Petitioners, a minor girl aged 14 years and 8 months, and a 20-year-old boy, sought protection from their families – Held, legitimacy of live-in relationships requires certain conditions – Court found petitioners' claim of live-in relationship unsupported due to minor status of petitioner No.2 – Directed SSP,...
Family Law - Child Custody - Welfare of the Child -Writ of Habeas Corpus under Article 226 of the Constitution seeking release of minor daughter—Petitioner married in India, daughter born in India, family moved to Canada—Matrimonial discord led to wife moving back to India with the minor—Foreign court judgment not binding—Dominant factor is the welfare of the child—He...
Constitutional Law – Habeas Corpus – Child Custody – Petition under Article 226 for habeas corpus seeking custody of minor child – Petition resisted due to the petitioner’s treatment for personality disorder and availability of alternative remedy under the Guardians and Wards Act – Court held that while habeas corpus is maintainable for child custody, the detail...
Habeas Corpus – Custody of Minor Child – The High Court ruled in favor of the petitioner, the natural mother, granting her custody of the minor child. The Court held that the welfare of the child is paramount, and in this case, the mother, who is a well-educated government servant, is better suited to ensure the child's welfare compared to the grandparents who have no regular incom...
Habeas Corpus – Child Custody – Legal and Proper Detention – Petition for habeas corpus seeking release of minor son aged 14 years – Child living with grandfather and uncle since birth – Court held writ of habeas corpus maintainable only if custody is illegal or improper – Direct interaction with the child showed he was happy living with his grandfather and did ...
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...
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...
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...