Enhancement of Maintenance Allowance – Section 127 Cr.P.C. – Petitioner sought enhancement of maintenance allowance previously set at Rs. 5,000 per month. Citing increased living costs and husband's income, petitioner argued for an increase to Rs 12,500 per month. Learned Magistrate enhanced maintenance to Rs 6,500 per month, which was challenged as insufficient. High Court observe...
Matrimonial Appeal – Dissolution of Marriage and Compensation Claims – Appellant husband's plea for dissolution of marriage on grounds of respondent wife's alleged impotency dismissed – Counter claim by respondent wife for restitution of conjugal rights upheld – Awarded compensation and maintenance by Family Court, Kollam. [Para 1-3]
Marital Torts and C...
Section 125 (3) of Cr.P.C Interpretation – Maintenance Default – Sentencing Duration – Upholding Family Court's decision to sentence petitioner to ten months imprisonment for 28 months of maintenance arrears - Discussion on interpretations of Section 125 (3) of Cr.P.C regarding imprisonment duration for maintenance default - Affirmation that a month's imprisonment for eve...
Marriage Annulment – Forced Marriage – Nullity of Marriage: Appeal against Family Court’s dismissal of annulment petition – Petitioner’s claim of forced marriage at gunpoint, without consent or customary rituals – Family Court’s failure to frame issues and prepare a decree – Judgment set aside, marriage annulled. [Paras 2, 13-14, 38]
Evidence and ...
Transfer Petition in Matrimonial Dispute – Settlement and Mutual Divorce – Petition filed under Section 25 CPC for transfer of matrimonial case from Karnataka to Maharashtra. Parties arrive at a settlement during mediation, agreeing to dissolve their marriage via mutual consent under Article 142 of the Constitution. [Para 1-2]
Settlement Terms – Property and Financial Arrangem...
Maintenance – Grant of Maintenance under Section 125 of CrPC – Application filed by wife, Smt. Deepa, and minor son, Rohit, for maintenance against husband, Harish – Trial court allowed application, granting monthly maintenance of Rs. 3,000/- to wife and Rs. 4,000/- to son from July 2010 – High Court upheld trial court's decision, dismissing revisions filed by both part...
Criminal Appeal – Maintenance for Minor Child – Reduction of maintenance from ₹20,000 to ₹7,500 per month by High Court – Family Court’s decision modified without clear reasons – Supreme Court sets aside High Court’s order for lack of detailed reasoning and remands the matter for fresh consideration. [Paras 3, 13-15]
Family Law – Affidavit of Disclo...
Family Court Appeal – Appeals against dissolution of marriage and denial of restitution of conjugal rights allowed – Erroneous application of law and misinterpretation of facts by the Family Court corrected – Marriage dissolution set aside, restitution of conjugal rights granted. [Para 38]
Cruelty and Desertion – Insufficient evidence to support claims of cruel...
Dowry Death – Conviction under Section 304-B IPC set aside – Lack of evidence of cruelty or harassment connected with dowry demand – Death within seven years of marriage and under abnormal circumstances established, but no proximate link between cruelty and death. [Para 2, 3, 4, 5, 6, 7, 8, 9]
Cruelty – Conviction under Section 498-A IPC upheld – Evidence...
Revision Petition – Maintenance Allowance – Challenge to Family Court’s order directing the revision petitioner to pay maintenance to the respondents – Revision petitioner was previously the respondent in Family Court proceedings. [Para 1]
Section 125 of CrPC – Respondents seek maintenance under Section 125 of the Code of Criminal Procedure at varying rates –...