Divorce Petition and Restitution of Conjugal Rights – Appeals against the trial court's decision – Appellant husband seeks divorce on grounds of cruelty, while respondent wife seeks restitution of conjugal rights – Appellant alleges non-consummation of marriage due to wife's premarital relationship and misrepresentation – Respondent claims demand for additional dowr...
Family Law – Maintenance under Section 125 of CrPC – High Court's reduction of maintenance amount from Rs. 5,000 to Rs. 1,000 per month – Drastic reduction without justification – Impugned order set aside, Trial Court's order of Rs. 5,000 per month maintenance restored – Appeal allowed. [Para 3-5]
Personal Maintenance – Importance of adequate maintena...
Family Law – Period of limitation for filing an appeal against a decree of divorce passed by a Family Court under the Hindu Marriage Act, 1955 – Conflict between the limitation period specified in the Family Courts Act and the Hindu Marriage Act – Resolution of the conflict required. [Para 4-33]
Statutory Interpretation – Interpretation of Section 28 of the Hin...
Maintenance - Section 24 of the Hindu Marriage Act - Appeal against the denial of maintenance to appellant/wife by learned Principal Judge, Family Courts – Appellant, a highly qualified woman with a Ph.D., had been previously employed and evidence suggests current employment – Court holds that appellant's claim for maintenance cannot be entertained given her qualifications and pote...
Denial of Maintenance – Family Court’s Order Upheld - Appellant/Wife appeals against the Family Court’s order denying her maintenance under Section 24 of Hindu Marriage Act, 1955. The High Court concurs with the lower court’s findings regarding her educational qualifications and undisclosed employment. [Para 1, 4, 9-10]
Qualification and Earning Capacity ...
Matrimonial Dispute – Transfer of Petition – Petitioner-wife seeks transfer of the case filed under Section 10 of the Hindu Marriage Act due to distance and inconvenience.
Legal Precedents – Judgments like Sumita Singh Vs. Kumar Sanjay, Rajani Kishor Pardeshi Vs. Kishor Babulal Pardeshi, and N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha cited to emphasize the convenience of ...
Family Law – Matrimonial Dispute – Long-Standing Separation
Parties have been living separately for over 15 years, making the marriage emotionally dead and beyond salvage. Reference made to the principles laid down by the Constitution Bench in the case of Shilpa Sailesh v. Varun Sreenivasan, 2023 (6) SCALE 402, which were found applicable. [Para 17]
Legal Principles &ndash...
Constitutional Validity – Section 16 of the Hindu Marriage Act, 1955 – The Court upheld the constitutional validity of Section 16, which legitimizes children born from void and voidable marriages, stating that it serves the purpose of social justice and protects the rights of innocent parties. [Para 1-10]
Legitimacy and Property Rights – Hindu Marriage Act, 1955 and Hindu Succ...
Family Law – Divorce Petition – Allegations of cruelty – Appeal filed against a divorce decree granted on the grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 – Appellant wife sought to challenge the judgment dated 28.01.2019 of the Family Court allowing the respondent husband’s divorce petition – Facts of the case involved allegations...
Facts - Marriage between petitioners, both physicians, was solemnized on 19.08.2017 - two children, including a son named Agam Pratap Singh born on 01.11.2019. Respondent No.3, the Superintendent of Police, is married to petitioner No.1’s brother but has no children of her own. She took custody of Agam Pratap Singh while petitioner No.1 was away for a fellowship. The case revolves arou...