Criminal Law – Appeal against conviction in dowry death case – Challenge to the sufficiency of evidence regarding cruelty and dowry demands leading to the wife’s suicide – Key witnesses, including family members and neighbors, provide conflicting testimonies about the nature of the relationship and alleged cruelty – Prosecution fails to establish a direct connection b...
Matrimonial Dispute and Counterclaim - The petitioner sought return of stridhan in her written statement in a matrimonial case against the respondent - Counterclaim dismissed by the Family Court - Petitioner appeals under Article 227 [Para 2].
Misapplication of Procedural Law - Petitioner's counsel argued that Family Court misconstrued Order VIII Rules 6A to 6D of the Code of Civi...
Quashing of Conviction and Sentence - Criminal Revision against Judgment of Lower Courts - Petitioner convicted under Sections 498A IPC and 4 of Dowry Prohibition Act - Allegations of demand for Rs. 10,000/- for maintenance of child - Complainant alleged harassment by petitioner and matrimonial relations for non-fulfillment of demand - Evidence of four witnesses examined, including complainant and...
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...
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...
Transfer Petition – Transfer of a petition under Section 13(1)(ia) of the Hindu Marriage Act from Family Court, Amritsar to Camp Court Patti, Tarn Taran – Petitioner’s claim of the minor girl child being in her custody – FIR registered under Sections 498-A, 406, 120-B IPC – Mediation proceedings failed – Convenience of the female litigant – Economic soundn...
Family Law – Divorce – Appellant seeking divorce on grounds of cruelty and desertion – Trial Court dismissed the petition – Appellant challenges the judgment – Clubbing of issues by Trial Court not erroneous – Evidence supports that the wife was left in her parental home when she was ill and efforts to bring her back were resisted by the appellant and his family...
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...
Maintenance Law – Maintenance under Section 125 of CrPC – Enhancement and Cancellation of Maintenance – Application for cancellation of maintenance by husband rejected by Family Court – Application for enhancement of maintenance by wife allowed by Family Court – Husband challenged Family Court’s decision in High Court – High Court examined evidence and con...
Family Law – Maintenance – Enhancement and Cancellation – Criminal Revision against Family Court order –
Maintenance to Wife and Son – Section 125 of Cr.P.C. – Challenge by Husband – Allegation of Suppression of Employment – Wife employed in private service earning Rs. 12,000 to Rs. 15,000 per month – Family Court rejected husband&...