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...
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...
Family Law – Pension – Co-widow's Entitlement – Appeal by co-widow claiming equal share of family pension after husband's death – Appellant married during first wife's lifetime – First wife predeceased husband – Trial court directed equal share of pension to both widows – Appellant entitled to complete family pension after first wife's deat...
Constitutional Law – Compensation for False Criminal Case – Petitioner’s daughter raped and murdered – Petitioner wrongfully arrested and prosecuted for rape and murder of his own daughter – Acquitted by Criminal Court – CBI investigation revealed improper investigation by police – Malice inferred from circumstances and official interference – Held, ...
Civil Procedure – Appellate Court’s Powers – Will and Inheritance – Decedent executed a Will dated 20.05.1999, registered on 10.06.1999, bequeathing property to his wife, son, and grandson – His wife and daughter challenged the Will, claiming they did not receive any share – During litigation, wife passed away and purportedly left another Will dated 05.09.2005 i...
Maintenance for Minor Child – Revision against trial court’s order – Respondent directed to deposit maintenance arrears and continue interim payments – Revision against ex-parte maintenance order favoring minor child – Trial court’s direction for respondent to pay Rs.25,000 p.m. as maintenance – Respondent’s plea to set aside ex-parte order granted, ...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appellant sought divorce alleging respondent’s disinterest in marriage, extra-marital relationship, and repeated desertion – Family Court dismissed petition citing lack of specific evidence and hearsay nature of allegations – Appellant’s claims of respondent’s cruelty and desertion found unsub...
Criminal Law – Section 125 Cr.P.C. – Maintenance – Interim Maintenance to Wife and Minor Son – High Court upheld the Family Court’s order granting interim maintenance of ₹12,000 per month to the wife and ₹8,000 per month to the son – Challenge to the estimation of husband's income at ₹60,000 per month despite his claim of earning ₹10,000 per month &n...
Divorce by Mutual Consent – Right to Sue – Appellants’ Claim: Issue regarding whether the right to sue for divorce by mutual consent survives to the legal heirs of the deceased husband when he dies before the second motion is moved. The Family Court’s decision denying the legal heirs’ request to continue the proceedings and directing the return of money paid unde...
Hindu Marriage – Ceremonial Requirements – Appellant's suit for annulment of marriage under Section 12 of the Act, 1955 dismissed; respondent's suit for restitution of conjugal rights decreed – Appeal contends no valid marriage as per Hindu rites and customs – Trial court found documentary evidence reliable, but ignored inconsistencies and lack of proper ceremony &n...