Joint Trial – Family Court Proceedings – Petitioner sought joint trial for efficiency and consistency in cases involving related issues of maintenance and return of articles – Family Court dismissed application citing different procedures for summary proceedings under Section 125 Cr.P.C. – High Court emphasized objective of speedy justice in family disputes – Joint tr...
Guardianship and Custody – Interim Custody – Application under Section 12 of the Guardian and Wards Act, 1980 dismissed by the Family Court – Family Court observed the child was uncomfortable with the appellant – High Court upheld the dismissal, emphasizing the child’s best interest and emotional well-being – Meetings to continue under the supervision of a couns...
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...
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...
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...
Family Law – Dissolution of Marriage – Appellant-husband filed for divorce under Section 13(1)(ia)(ib) of the Hindu Marriage Act, citing cruelty and desertion by the respondent-wife – Family Court dismissed the petition – High Court upheld the dismissal, finding no substantial evidence of cruelty or desertion [Paras 1-30].
Cruelty and Desertion – Insuffic...
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...