Family Law - Divorce and Maintenance - Hindu Marriage Act, 1955 - Sections 13(1)(i-a), 24 - Appeal against decree of divorce granted to the wife on grounds of cruelty - Husband’s failure to pay maintenance and arrears as ordered by trial court disentitles him to relief - Courts upheld the principle that one cannot benefit from their own wrong - Appeal dismissed due to non-compliance with mai...
Family Law - Custody of Children - Guardian and Wards Act, 1890 - Sections 8, 12, 25 - Custody granted to father despite pending FIR for abetment of wife's suicide - Acquittal from charges pivotal in deciding custody - Held, FIR under Section 306 IPC against the father cannot alone be a ground to deprive him of the custody of his children, especially when acquitted - Welfare of the children re...
Hindu Marriage Act, 1955 - Section 13(1)(i.a) - Cruelty and Desertion - Allegations by husband of cruelty and non-cooperation by wife - Prolonged separation and counter-allegations by both parties - Held, allegations not serious enough to constitute cruelty - Matrimonial cruelty must be such that it is dangerous for either spouse to remain in the company of the other - Appeal dismissed - Divorce c...
Family Law - Divorce by Mutual Consent - Extension of Statutory Period
Extension of Period Under Section 13-B(2) of Hindu Marriage Act – Joint petition for divorce by mutual consent filed – Appellant-wife received Rs. 7 lakhs out of agreed Rs. 15 lakhs at first motion – Respondent-husband failed to pay remaining Rs. 8 lakhs within statutory period due to financial constraints ...
Family Law - Nullity of Marriage - Sections 5(i) and 11 Hindu Marriage Act - Validity of Marriage in Light of Previous Marital Status - The court held that the previous marriage of the respondent was declared null and void before the Lok Adalat on March 31, 2003, rendering the respondent's marriage to the petitioner on February 23, 2003, void. However, it was found that the actual marriage too...
Family Law - Divorce on Grounds of Cruelty - Section 13 Hindu Marriage Act - Mental and Physical Cruelty - Requirements to Establish Mental Cruelty - The appellant must prove that the respondent's conduct caused such mental pain and suffering that it became impossible to live together. The court found that the respondent's actions, including abuse, violence, and financial demands, constitu...
Hindu Marriage Act, 1955 - Divorce by Mutual Consent – Appeal – Allegation of Fraud – Petition under Section 13-B filed within 18 days of marriage – Wrong date of marriage mentioned to meet one-year separation requirement under Section 14 – Appellant-wife alleged fraud by respondent to avoid rape charge – Decree obtained through fraud on court vitiates proceedin...
Hindu Marriage Act – Nullity of Marriage – Fraud – Appellant's marriage with respondent declared nullity by trial court under Section 12 of the Act – Appellant's previous marriage with Satish Kumar allegedly not dissolved by a court decree, only by Panchayatnama (agreement) – Held, Panchayatnama not valid proof of divorce – Respondent not aware of non-di...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appeal against decree of divorce granted on grounds of cruelty and desertion – Husband alleged that wife misbehaved, insulted him and his family, and left matrimonial home without informing him – Also alleged that wife aborted child without his consent – Held, acts of cruelty, if any, by the wife stood co...
Criminal Law – Honour Killing – Formation of SIT – Petitioner married inter-caste and his wife was abducted and later killed – Complaint named eleven suspects, but no action taken initially – Police later registered a case and charged five individuals – Petitioner sought investigation by a senior officer of SSP rank – Held, inter-caste marriages must be su...