Matrimonial Law – Divorce - Civil Revision Petition – Challenging order of Senior Civil Judge in mutual consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1956 – Petition returned for want of jurisdiction – Petitioner and respondent, belonging to Lambada Scheduled Tribe, contending their marriage was solemnized as per Hindu customs. [Paras 1-4]
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Maintenance and Domestic Violence – Wife filed a complaint under Section 12 of DV Act against Husband alleging domestic violence – Trial Court granted maintenance of Rs.1,00,000/month and Rs.5,00,000 compensation – Appellate Court set aside this, remanding the case back to the Trial Court for re-trial without specific findings on key issues – High Court found this approach ...
Witness – Petitioners challenge the order allowing examination of an additional witness, Surinder Pal Singh, in a case of assault – Trial court's decision upheld as the examination of the witness deemed essential for a just decision of the case. [Para 1, 4-6, 16]
Investigation – Role of Investigating Officer and Importance of Witness Testimony – Critique of...
Legal Battle Over Marital Status – Dispute regarding the legal wife of late K.T. Ramakrishnan Nambiar, a Village Officer – Two women, A.K.Radhamani and T.Rema, claim to be his legitimate wives – Family Court's decision to recognize A.K.Radhamani as the legal wife and A.K.Rajeevan as the legitimate son challenged in the appeal. [Paras 1, 2, 8-11, 14, 26]
Judicial ...
Custody of Minor – Guardianship Dispute – Appeal against the order of First Additional District Judge, Waraseoni, rejecting the application for custody of the minor son under Section 25 of Guardians and Wards Act, 1890 – Trial court's decision based on the welfare of the child, considering the conduct of the appellant and the ability of maternal grandparents to provide care. ...
Transfer Petition in Family Court Matters – Jurisdiction and Convenience – Petition for transfer of case from Family Court, Kozhikode to Family Court, Manjeri – Petitioner, a mother, citing financial and health constraints and shorter distance to Manjeri – Respondents argue minimal distance difference and minor child's school and Madrassa in Kozhikode – Court cons...
Background and Trial Court's Order – Marriage and Maintenance Claim – Revision application filed against order dated 20.05.2022 for maintenance under Section 125 Cr.P.C., where petitioner was directed to pay Rs. 5000/- per month to Nayana Kumari, claimed to be his wife – Trial court found them to be husband and wife for maintenance claim purposes, despite lack of strict legal...
Custody and Guardianship of Minor Child – Varunavi, a minor whose parents died in a road accident, became the subject of a guardianship dispute between the paternal grandfather (Appellant) and the maternal grandmother (Respondent) – Both filed petitions under the Guardians and Wards Act for appointment as guardian of the child's person and property. [Para 2]
Trial Court Decision...
Transfer of Case – Petitioner-wife seeks transfer of restitution of conjugal rights case from Rajasthan to Punjab under Section 25 of the CPC – Respondent-husband absent and unresponsive despite notice via speed post and WhatsApp – Transfer approved by the Supreme Court, moving the case from Sri Ganga Nagar, Rajasthan to Faridkot, Punjab [Paras 1-5, 8]
Case Managemen...
Matrimonial Law - Maintenance Petition for Children – Filed by Keerthana against her father, R. Ochappan, under Section 125 Cr.P.C. – Seeking maintenance for herself and her minor brother after their parents' divorce – Maintenance initially denied by trial court, later granted by revisional court under Hindu Adoption and Maintenance Act, 1956. [Paras 2, 3.1, 3.3]
Dismissal...