Transfer Petition – Section 13(1)(ia)(ib) of the Hindu Marriage Act – Petition for the transfer of the case filed by the respondent-husband under the Hindu Marriage Act from the Family Court, Bathinda to the competent Court of jurisdiction at Dabwali, District Sirsa – Reliance on previous orders and judgments emphasizing the convenience of female litigants in matrimonial disputes...
Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].
Trial Court Decision – Partial Decree – Possession Pro...
Protection of Minor in Runaway Marriage — Application by minor girl and her husband seeking protection from her parents after eloping — GIRL's age at time of leaving home 16 years and 10 months, HUSBAND's age 18 years and 6 months — Both minors under the Hindu Marriage Act, 1955, yet claiming marriage under customary rites — Application of Child Marriage Act, 2006 a...
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...
Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...
Family Law - Divorce - Appeal against Family Court’s judgment dismissing divorce petition based on alleged cruelty by the wife - Family Court found no sufficient evidence of cruelty or dowry harassment by respondent; however, High Court reverses decision, citing mental cruelty due to false criminal accusations and prolonged legal battle - Held, marriage irretrievably broken, decree of divorc...
Criminal Law – Quashing of FIR and Charge-Sheet – Revisional application under Sections 482 and 401 Cr.P.C. – Petitioner’s marriage dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Continuation of criminal proceedings under Sections 498A/406 IPC deemed abuse of process – High Court’s inherent powers invoked to prevent miscarr...
Domestic Violence and Maintenance – The High Court, reviewing lower court decisions that denied maintenance to a qualified but unemployed wife under the Protection of Women from Domestic Violence Act, 2005, held that educational qualification alone does not disqualify a spouse from claiming maintenance if they lack independent income - The court emphasized that the wife’s capability to...
Divorce – Cruelty – Petitioner wife sought divorce on the ground of cruelty – Marriage solemnized in 2005 – Allegations of physical and mental abuse, alcohol addiction, and unreasonable demands by the husband – Husband’s failure to contest the suit effectively – Unchallenged testimony of the wife establishes a pattern of cruel behavior – Conduct of t...
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 ...