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...
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&...
Recovery of Arrears of Maintenance – Enforcement against Deceased's Estate – Criminal Revision Petition challenging the first appellate court's decision to allow recovery of maintenance arrears from deceased's assets – Trial court dismissed maintenance enforcement against deceased – Appellate court allowed recovery from deceased’s assets, including service...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Muslim Law – Maintenance and Stridhan – Overlapping claims under Section 125 Cr.P.C. and Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 concerning maintenance and dowry-like gifts – Conflicting judgments in concurrent proceedings leading to multiple claims by the wife for maintenance and dowry return – High Court, applying Supreme Court guidelines...
Quashing - Family Dispute and Criminal Proceedings – The petitioner, a professional doctor, faces charges under Section 498A IPC, based on allegations by his wife of mental torture and threats – Court observes the allegations are general and do not specifically contribute to the ingredients of cruelty as defined under the law – Proceedings perceived as part of a longer matrimonia...
Property Inheritance Dispute – Plaintiff and Defendant, brothers, in dispute over right of way to their respective inherited properties – Claim of a family settlement involving exchange of land parcels for pathway access – Trial court and appellate court ruled in favor of the plaintiff, denying existence of a valid family arrangement and emphasizing the need for registration unde...