Criminal Law - Revision Petitions - Setting aside of Charges - Allegations under IPC sections 498A/406/34 - Matrimonial dispute - Misappropriation of stridhan and harassment for dowry - General and omnibus nature of allegations against in-laws - Specific allegations against husband - Court's duty to scrutinize allegations carefully. [Para 10]
Criminal Procedure - Jurisdiction - Co...
Dissolution of marriage on ground of cruelty - 13(1)(ia) Hindu Marriage Act, 1955 - Appellant-wife alleged cruelty by respondent-husband, including demands for dowry, physical and verbal abuse, neglect during pregnancy, and insistence to leave female child with appellant's parents - Respondent denied allegations and filed petition for restitution of conjugal rights - Family court dismissed app...
Family Courts Act, 1984 – Purpose and Objectives – [Para 26-28]
The Family Courts Act, 1984 was enacted to establish family courts for the speedy settlement of family disputes, specifically related to marriage, divorce, custody, guardianship, maintenance, and other familial issues. The Act aimed to simplify and expedite resolution, promote conciliation, protect women’s rights,...
Hindu Marriage Act, 1955 – Section 13 – Cruelty – Divorce on grounds of cruelty – Effect of abandoning the previous petition based on cruelty – Principle of issue estoppel and cause of action estoppel – Filing of a new petition on the same grounds. [Para 6-12]
Scope of taking recourse to law by initiating legal action before a court of law – When it amo...
Maintenance and Welfare of Parents and Senior Citizen Act, 2007 - Transfer Deed - Validity - Letters Patent Appeal preferred against the order upholding the decision of the Tribunal declaring a transfer deed void - Appellants contended that certain points were not considered and procedural requirements were not followed - Respondents argued lack of maintenance by the appellants - Court observed th...
Marriage – Dissolution of marriage – Appeal against the judgment of the Family Court – Petition for divorce on grounds of cruelty – Allegations of improper behavior, refusal to cohabit, and making unreasonable demands – Examination of evidence – Failure to prove specific allegations of cruelty – No ground for dissolution of marriage. (Para 10)
...
Divorce – Cruelty – Appellant-wife filed an appeal against the decree of divorce granted by the Family Court – Husband alleged that the wife refused to stay with his parents and misbehaved with them – Wife claimed cruelty and dowry demands by the in-laws – High Court set aside the decree of divorce – Court held that the husband failed to prove cruelty adequately...
Maintenance dispute - Sons seeking to quash orders directing monthly maintenance to their aged mother - Writ petition filed under Articles 226 and 227 of the Constitution of India - Sons arguing that they should not be worse off in their own appeal - Claiming lack of means to pay maintenance amount - Petitioners asserting mother should join their home - Alleging lack of bona fide in mother's c...
Dowry Death - Reliability of Dying Declaration - Conviction under Section 304 Part-I IPC - Appellant accused of setting ablaze his wife due to a quarrel - Trial court concluded it as a case of dowry death - Appellant challenged the reliance on witnesses' statements and argued the doubtfulness of the dying declaration - Court gives weightage to the dying declaration made by the deceased, which ...
Dowry Death – Bail – Grant of bail to accused No.1 – Allegations of demand for dowry and cruelty leading to suicide of deceased Meghana – Lack of material evidence to establish demand for dowry at the time of marriage – Deceased subjected to physical and mental torture after three months of marriage – Accused allegedly coercing deceased to bring additional dowry...