Civil Appeal – Divorce – Irretrievable Breakdown of Marriage – Whether the irretrievable breakdown of marriage should result in the dissolution of marriage under Article 142 of the Constitution of India when it is not a ground for divorce under the Hindu Marriage Act, 1955 – Court's discretion to grant divorce under Article 142 discussed and outlined. [Para 15-20]
Cr...
Family Law - Hindu Marriage Act - Marriage declared null and void under Section 11 - Challenge to the judgment and decree of nullity - Examination of evidence regarding the existence of custom or usage permitting marriages within the sapinda relationship - Failure to establish the custom - Marriage within sapinda relationship held to be null and void. [Para 1-30]
Rights of Children Bo...
Kidnapping – Biological Father’s Act of Taking Minor Son from Mother’s Custody – Examination of whether a biological father taking his minor son from the mother’s custody amounts to kidnapping under Section 363 of the IPC – Father’s role as natural guardian under Hindu law considered. [Para 4-5, 12]
Lawful Guardianship – Hindu Minority and Guardia...
Matrimonial Petition – waive the cooling period - Request to set aside the order rejecting the application for waiving the cooling period in a divorce case under Section 13-B of the Hindu Marriage Act – Parties married with differences, seeking dissolution of marriage through mutual settlement – Compromise agreement in place – Principal Judge, Family Court refused to waive ...
Family Law – Divorce – Appeal against the rejection of a divorce petition – Appellant husband seeks dissolution of marriage based on cruelty and desertion – Parties married in 2009 and have lived separately for almost 14 years – Respondent wife filed multiple cases against appellant and initiated various litigation – Irretrievable breakdown of the marriage &ndas...
Child Custody - Welfare of the Child - Dispute between parents over the custody of minor child, Master Advik - Parents originally from India, living in various countries due to career prospects - Child's happiness and well-being considered paramount - Extensive interactions with the child revealed his preference to stay with the father in Bangkok - Mother's career priorities in Germany not...
Family Law – Divorce Appeal – Husband appeals against the family court’s decision of dismissing his divorce petition – Wife’s refusal to reside separately and allegations of cruelty against the husband cited as reasons for appeal. [Para 1-2]
Marital Behavior – Allegations of mental and emotional distress inflicted by the wife on the husband – Wife denie...
Family Law – Maintenance Section 125 Cr.P.C. - Modification of maintenance order - Appellant challenges the High Court's modification of maintenance granted to the respondent No. 1-wife and son - High Court modified the maintenance order to be payable from the date of filing the application for maintenance - Appellant contends that the maintenance granted is excessive and questions the s...
Family Dispute – Mediation – Resolution of matrimonial disputes – Multiple cases filed by both parties – Decree of divorce already passed – Agreement reached on permanent alimony and visiting rights for the child – Criminal and civil cases between parties – All civil cases withdrawn, and criminal proceedings quashed – Certificates to be returned to t...
Matrimonial Appeal – Divorce Granted by Family Court – Appellant/Wife contests the divorce decree granted by the Family Court under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion as grounds – Counterclaim filed by the Appellant for restitution of conjugal rights dismissed. [Para 1]
Factual Background – Parties were married on 1...