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...
Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act – FIR and chargesheet challenged as vague, retaliatory, and without specific evidence – FIR quashed.
Matrimonial Dispute – Allegations of Dowry Harassment – FIR No.82 of 2022 dated 01.02.2022 was registered against the appellants und...
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, ...
Criminal Law – Jurisdiction – The petitioner sought to quash the proceedings in M.C. No. 46/2019 before the Judicial First Class Magistrate Court, Kunnamkulam, on grounds of lack of jurisdiction, as the respondent is a Malaysian citizen permanently residing in Malaysia – The court examined the definitions and legal interpretations of ‘resides’ under Section 2© of...
Criminal Procedure – Interim Maintenance – Challenge to interim maintenance order of Rs. 7,500/- (Rs. 4,000/- to respondent no.2 and Rs. 3,500/- to respondent no.3) granted by Family Judge – Revisionist’s claims of sufficient maintenance already being paid under Domestic Violence Act – Court considered financial obligations and rejected plea of loan repayment as groun...
Divorce – Grounds of Cruelty, Adultery, and Desertion – Appellant sought divorce on allegations of cruelty, adultery, and desertion by the respondent – Held: The allegations made by the appellant were vague, unsubstantiated, and lacked specific dates, times, and evidence – The appellant failed to prove cruelty or adultery, and the court found that the respondent was willing...
Criminal Law – Maintenance Under Section 125 CrPC – Obligation of Husband – Petitioner sought maintenance for herself and her minor daughter, claiming marital relationship with Opposite Party No. 2 – Trial Court awarded ₹2,000 per month to both; Sessions Court denied maintenance to Petitioner but enhanced child’s maintenance to ₹3,000 – Held: Maintenance is ...
Matrimonial Law - Concealment of Thalassemia Status – Cruelty – Decree of Divorce Upheld – The wife failed to disclose that she was a Thalassemia Minor during premarital discussions, which came to light only when she conceived a child with similar complications – The concealment led to medical and emotional strain in the marital relationship, justifying divorce on grounds o...