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...
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...
Family Law – Restoration of Petition – Appellant’s Conduct –
Petition under Section 9 of the Hindu Marriage Act dismissed for default as appellant and his counsel failed to appear on the scheduled date – Appellant walked out during proceedings on the prior date and did not return – Filed for restoration under Order IX Rule 4 CPC after four months – Appe...
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...
Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
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...
Dowry Prohibition Act – Conviction under Section 4 – Petitioner convicted for demanding dowry from his wife and her family, including Maruti car, color TV, and fridge – Trial court sentenced him to 6 months’ simple imprisonment and a fine of Rs. 5,000 – Appellate court upheld the conviction but modified the default sentence to one month’s imprisonment [Paras 1-2...
Maintenance – Quantum Determination – True Disclosure of Income and Assets – Petitioner challenged the order directing him to pay maintenance to the respondent – Contention that the petitioner's unemployment and lack of documentary evidence regarding income were not considered – Court emphasized the requirement of true disclosure of income, assets, and liabilities...
Domestic Violence – Interim Monetary Compensation – Petitioner challenged the order of the 1st Additional Sessions Judge, Srinagar, enhancing interim monetary compensation from Rs. 15,000 to Rs. 31,000 per month – Contention that an appeal under Section 29 of the DV Act against an interim order is not maintainable – Court held that there is no bar on filing an appeal agains...