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...
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...
Criminal Law – Child Custody – Supreme Court’s ruling in favor of natural guardian (father) – High Court’s denial of habeas corpus petition for custody of minor daughter set aside by the Supreme Court – The Court emphasized the paramount welfare of the child and the natural guardian’s right to custody – Allegations against the father were deemed afte...
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...
Family Law – Interim Maintenance – Appellant sought full payment of arrears of interim maintenance – Respondent directed to pay only 20% of the total arrears by the High Court – Supreme Court modifies this, directing payment of Rs. 2 crores as a one-time settlement considering financial status, social standing, and ongoing litigation – Judgment reaffirms that maintena...
Restitution of Conjugal Rights – Validity of Marriage – Appeal challenging the Family Court's decree for restitution of conjugal rights in favor of the respondent – Appellant contended that no marriage took place and that the respondent's claims were fabricated – Respondent provided evidence of marriage through testimonies and documents – Trial court found the...
Criminal Law – Territorial Jurisdiction – Section 498-A IPC, Sections 3 & 4 of Dowry Prohibition Act, Section 3(1)(x) of SC & ST (POA) Act – Appellants sought discharge on grounds of lack of territorial jurisdiction, contending harassment occurred in Kurnool, not Visakhapatnam – Special Judge found continuous offence and dismissed discharge petitions – High Co...
Condonation of Delay – Matrimonial Appeal – Application under Section 5 of the Limitation Act for condonation of 122 days delay in filing appeal against ex parte decree of dissolution of marriage – COVID-19 and family responsibilities cited as reasons for delay – Respondent remarried after expiry of appeal period – Delay not satisfactorily explained – Applicatio...