Divorce – Irretrievable Breakdown of Marriage – Appellant and respondent married for 12 years with a 12-year-old daughter – Living separately for over a decade – Previous attempts at reconciliation failed – High Court dismissed divorce petition – Appeal to Supreme Court – Court finds irretrievable breakdown of marriage due to continued bitterness, dead emo...
Revision Under Article 227 – Review of Family Court Order – Petition to challenge the Family Court's refusal to order medical examination to assess respondent’s potency concerning consummation of marriage. The revision filed under Article 227 of the Constitution of India. [Para 1]
Representation and Legal Counsel – The petitioner and the respondent were represented b...
Civil Appeal – Entitlement to pensionary benefits – Appellants aggrieved by High Court's dismissal of their appeal – Validity of marriage between deceased Subedar Bhave and appellant No. 1 challenged – Decree of divorce between deceased and his first wife – Long cohabitation of appellant No. 1 and deceased – Presumption of marriage and legal validity invoked...
Civil Appeal – Annulment of Marriage – Appellant seeks annulment of marriage on grounds of fraud under Section 12(1)© of the Hindu Marriage Act, 1955 – Allegations of force and fraud as to nature of the ceremony or material facts concerning the respondent – Appellant’s demand of dowry and failure to complete VISA formalities after marriage – Alleged misrepr...
Divorce Appeal – Cruelty – Financial exploitation, assault, and false allegations – Appellant seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 – Judgment and Decree granting divorce under challenge – Financial exploitation established through evidence – Appellant’s claim of extramarital relationship unsubstantiated – Allegation...
Family Court Appeal – Custody Dispute – Appellant-husband’s challenge to the impugned order refusing his application for temporary custody of minor child – Analysis of facts and circumstances – Interpretation of mediated settlement – Importance of maintaining parent-child bond – Child’s best interest considered – Appeal disposed of with directi...
Criminal Appeal – Appellant/Husband’s appeal against denial of divorce – Grounds of desertion, unsoundness of mind, and mental disorders – Examination of the appellant’s claims in light of legal provisions and precedent – Disputed issues pertaining to marriage dissolution.
Desertion as Ground for Divorce – Analyzing Section 13(1)(ib) of the Hi...
Marriage and Separation – Marriage between parties and subsequent separation; allegations of relationships outside marriage during proceedings. [Para 1-7, 24-27]
Cruelty – Allegations and substantiation of cruelty; Supreme Court's observations; false complaints constituting mental cruelty. [Para 12-13, 19-23]
Desertion – Evidence of long separation without cogent reason...
Contempt of Court – Matrimonial dispute - Violation of Settlement Agreement – Respondent retracts from settlement agreement due to dissatisfaction with financial settlement, claiming financial constraints – Respondent’s behavior constitutes abuse of legal process as she seeks a more lucrative financial settlement – Respondent’s admission of not intending to resu...
Family Court Appeal – Divorce on grounds of mental cruelty and allegations of illicit relationships – Husband seeking dissolution of marriage – Allegations of extra-marital affair made by wife in written statement – Husband’s failure to prove instances of cruelty claimed – Husband also alleging mental cruelty based on false allegations in wife’s pleadings ...