Family Law – Interim Maintenance – Execution of Maintenance Orders – Appeal Dismissed – The appellant challenged the execution of an interim maintenance order passed under Section 36 of the Special Marriage Act, contending that the order was not enforceable under Section 39A, which applies to orders passed under Chapters V or VI, while Section 36 is in Chapter VII – H...
Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s p...
Matrimonial Law - Maintenance Pendente Lite – Section 24 HMA – Independence from Divorce Petition – Appellant argued that withdrawal of the divorce petition rendered Family Court functus officio to decide maintenance – Held: Section 24 proceedings are independent and survive withdrawal of the main case – Statutory provisions aim to ensure financial security of the dep...
Matrimonial Law – Divorce - Cruelty – Mental Illness and Suppression of Facts – Divorce Granted – The appellant-husband sought divorce on the grounds of mental cruelty caused by the respondent-wife’s erratic and unsound behavior, which was allegedly suppressed at the time of marriage – Evidence presented by the appellant, including his testimony and that of his ...
Criminal Law – Sections 498A and 306 IPC – Discharge Application – Partial Discharge Granted – Appellants accused of subjecting the deceased (wife of appellant no. 1) to physical and mental harassment, including selling her streedhan and torturing her when she demanded its return – Alleged harassment led to the deceased committing suicide by hanging – Sessions C...
Matrimonial Law - Enhancement of maintenance - Exercise of Inherent Powers – Section 482 CrPC – Scope and Application - The High Court dismissed the appellant's petition under Section 482 CrPC for enhancement of interim maintenance, citing the availability of an alternative remedy under Section 397 CrPC. The Supreme Court reiterated that the nomenclature of a petition is immaterial...
Civil Law – Matrimonial Dispute - Declaration of Title – No Proof of Husband’s Contribution to Land Purchase – Declaration Limited to Building Only – The Family Court declared that the husband was entitled to one-half right over the land and building on the basis that he had contributed funds for the purchase of the property and the construction of the house – H...
Criminal Law - Dowry Harassment and Attempt to Murder – Evidentiary Standards – Conviction Reversed – Accused Acquitted – Allegations of dowry harassment, assault, and attempt to murder by pouring kerosene and setting fire – Evidence of P.W.1 (complainant) insufficient as she neither witnessed the act nor directly implicated the accused – No corroboration from n...
Adoption under Muslim Personal Law – Non-Recognition of Adoption – Petition dismissed – Petitioners, a Muslim couple, sought registration of an adoption deed under the Registration Act, 1908 – Court held that Mohammedan Law does not recognize adoption as a mode of filiation – Adoption, where valid, must adhere to regulations under the Juvenile Justice (Care and Protec...
Matrimonial Law - Divorce - Cruelty – False Allegations and Prolonged Harassment – Divorce Granted – The appellant-husband alleged that the respondent-wife engaged in false criminal complaints, harassment at his workplace, and multiple accusations involving his family members. The allegations were corroborated through evidence, including cross-examinations and documentary proof, ...