Matrimonial Appeal – Divorce Granted by Family Court – Appellant/Wife contests the divorce decree granted by the Family Court under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion as grounds – Counterclaim filed by the Appellant for restitution of conjugal rights dismissed. [Para 1]
Factual Background – Parties were married on 1...
Litigation Costs and Maintenance Pendente Lite - High Court reviews orders concerning payment of litigation costs and adjustments of maintenance payments - Considers legal provisions under Section 24 of the Hindu Marriage Act, 1955, and precedents set by the Supreme Court for determining maintenance and litigation expenses - Litigation costs should be prioritized and awarded from the outset of pro...
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 - Hindu Marriage Act - Marriage declared null and void under Section 11 - Challenge to the judgment and decree of nullity - Examination of evidence regarding the existence of custom or usage permitting marriages within the sapinda relationship - Failure to establish the custom - Marriage within sapinda relationship held to be null and void. [Para 1-30]
Rights of Children Bo...
Maintenance under Hindu Marriage Act – Appeal against an order regarding maintenance – Husband and wife filed appeals against an order dated 23.02.2023, where the husband was directed to pay Rs.40,000/- per month for the child’s maintenance, while the wife’s maintenance claim was denied. The wife sought enhancement of child’s maintenance to Rs.60,000/- per month and i...
Family Law – Divorce on grounds of cruelty – Marriage dissolved on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 – Appellant-wife aggrieved by the judgment and decree of the Family Court – Appeal filed under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Act, 1955. [Para 1]
Marital Dispute – Allegations of crue...
Family Law – Maintenance – Wife seeking enhancement of pendente lite maintenance, husband cross-appealing for reduction and setting aside of penalty – Wife holds a B.Sc. degree but is not working; husband is a practicing Advocate. [Para 4-5, 14]
Divorce – Grounds – Husband initially filed petition for divorce on the ground of cruelty and desertion. [Para ...
Quashing of FIR – Application under section 482 Cr.P.C. for quashment of FIR – FIR lodged by the wife against the husband and other family members for offences under sections 498-A, 506, 34 of IPC read with section 3/4 of the Dowry Prohibition Act – Allegations of harassment for dowry and mental cruelty – Applicants sought quashment of FIR on grounds of vague and gene...
Cruelty and Divorce – Grant of Decree of Divorce by Family Court Upheld – Appeal against the grant of divorce dismissed by High Court of Madhya Pradesh – Appellant/husband’s allegations of cruelty by respondent/wife not substantiated – Respondent/wife subjected to physical and mental cruelty, substantiated by witnesses and corroborative evidence – No error in tr...
Habeas Corpus - Custody of Minor Child - Welfare of Child – Criminal Allegations of Dowry Harassment – Habeas corpus petition filed for the custody of a minor child – Custody taken by father alleged to be forceful – Consideration of child's welfare paramount – Two-month-old child taken from mother, who is alleged to have been subjected to cruelty for dowry –...