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 ...
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 – Irretrievable Breakdown of Marriage – Section 13 Hindu Marriage Act – Husband and wife cohabited for only 15 days – Marriage not consummated – Wife initiated criminal proceedings against husband and family alleging dowry demands – Held: Marriage has irretrievably broken down with no chance of reconciliation – Divorce granted to...
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...
Civil Procedure - Rejection of Plaint – Civil Revision against Trial Court's Order dismissing application for rejection of suit under Order VII, Rule 11 CPC – Suit challenging decree dated 20.05.1986 alleging fraud and claiming coparcenary rights under amended Section 6 of the Hindu Succession Act – High Court holds no existing coparcenary post-severance of shares in 1986 dec...
Family Law - Divorce – Irretrievable Breakdown of Marriage – Divorce granted to husband – Parties living separately for approximately 20 years – Strong presumption that marriage has broken down – Court considers the prolonged separation and the futility of preserving an unworkable marriage – Divorce granted with a permanent alimony of Rs. 20,00,000/- to the wife...
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...
Hindu Marriage Act, 1955 - Section 13 - Divorce on Grounds of Cruelty - Held, husband's allegations of cruelty by wife unsubstantiated as no specific incidents or dates provided. Evidence showed husband pressured wife for money and subjected her to physical and mental cruelty. Allegations of desertion by wife meritless as she was forced to leave due to husband's adverse conduct. Divorce de...
Family Law - Divorce - Cruelty - Appeal against divorce decree granted on grounds of cruelty - Wife's contradictory statements and unbecoming behavior - Evidence showed wife used derogatory language, insulted husband and his parents, and made false allegations - Such behavior considered mental cruelty - Appeal dismissed.
Family Law - Evidence and Credibility - Contradictions...