Domestic Violence – Economic Abuse – Maintenance and Compensation – The High Court of Bombay examined whether the facts of the case constituted economic abuse under the Protection of Women from Domestic Violence Act, 2005 (DV Act) and assessed the appropriateness of the maintenance and compensation awarded to the respondent. [Para 13, 17, 19-21]
Findings on Economic ...
Domestic Violence Act – Applicability to Married Sister-in-Law Residing Separately – Question of Domestic Relationship – The High Court addressed whether a married sister-in-law, living separately in her own matrimonial home, can be included in a domestic violence case under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The court examined the defini...
Matrimonial Law - Divorce - Cruelty - Appeal against the judgment of the Additional District Judge denying divorce on the ground of cruelty - Husband alleged disrespectful behavior, physical assault, and financial exploitation by wife - Wife alleged husband's extramarital relationship with colleague causing marital discord - Evidence showed husband's intimate association with colleague, in...
Matrimonial Law - Paternity Test Refusal Upheld - Appellant/husband's appeal against Family Court's refusal for a paternity test dismissed – Family Court's decision based on continuous cohabitation of the couple and the presumption of legitimacy under Section 112 of the Evidence Act upheld – The child's interest considered paramount, with the Court emphasizing that the ...
Domestic Violence - Petitioner's Allegations Against In-Laws and Marital Harassment – Petitioner Bhawna Grover married to Sh. Nishant Grover, facing harassment from in-laws and respondents who are sister and brother-in-law of petitioner's husband - Allegations of dowry demands, deceit regarding husband's educational qualifications, and continuous harassment - FIR No. 130/2012 reg...
Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – The Supreme Court allowed the appeal and quashed the FIR against the appellants, relatives of the husband, under Sections 498-A, 323, 504, 494, 377 IPC, in light of general and nonspecific allegations. [Para 8, 14]
Dowry and Harassment Allegations – Specificity Required – Held – For invoki...
Criminal Revision – Maintenance under Section 125 Cr.P.C. – Challenge against the order of Family Court granting maintenance to wife – Revisionist contends wife capable of self-maintenance and alleges adultery – Trial court's decision upheld due to lack of evidence supporting revisionist's claims. [Paras 1, 2, 8, 10]
Family Law – Maintenance of Wi...
Annulment of Adoption Order – Male Minor Child – Bal Asha Trust, Mumbai sought annulment of adoption order passed on 17th August 2023 for Ganesh @ Karthik Singhal due to behavioral issues and lack of bonding with adoptive parents - [Paras 1, 5, 9, 11-13].
Post-Adoption Challenges – Adoptive parents experienced difficulties with child's behavior, leading to inability to con...
Irretrievable Breakdown of Marriage – Dissolution of Marriage Granted – The Supreme Court granted a decree of divorce based on the irretrievable breakdown of marriage between Prakashchandra Joshi (appellant) and Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah (respondent). The parties had been living separately since February 2011, with no contact for almost 13 years, and the respond...
Matrimonial Law - Constitutional Law – Challenge to Section 5(v) of Hindu Marriage Act (HMA), 1955 – Petitioner's marriage declared null and void under Section 5(v) – Allegation of Section 5(v) being violative of Article 14 of the Constitution – Court finds no merit in challenge – Petitioner's inability to prove the existence of custom allowing marriage within...