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...
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...