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...
Family Court Appeal – Custody Dispute – Appellant-husband’s challenge to the impugned order refusing his application for temporary custody of minor child – Analysis of facts and circumstances – Interpretation of mediated settlement – Importance of maintaining parent-child bond – Child’s best interest considered – Appeal disposed of with directi...
Maintenance Allowance Dispute – Revisionists challenge interim maintenance order granted by Principal Judge, Family Court, Muzaffarnagar, which awarded Rs.7,000/- to revisionist No.1 and Rs.2,000/- each to revisionist Nos.2 and 3 – Petition for enhancement of maintenance based on unconsidered income sources of opposite party No.2 (husband) – Opposite party’s income from b...
Judicial Procedure Irregularity – Transfer of Judicial Officer and Validity of Judgments – Criminal Miscellaneous Case – Delhi High Court – Case concerning the validity of judgments passed after the transfer of a judicial officer – Section 482 of the Code of Criminal Procedure, 1973 – Petitioner seeks setting aside of the order dated 15.12.2023 passed by the lea...
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 –...
Revision Under Article 227 – Review of Family Court Order – Petition to challenge the Family Court's refusal to order medical examination to assess respondent’s potency concerning consummation of marriage. The revision filed under Article 227 of the Constitution of India. [Para 1]
Representation and Legal Counsel – The petitioner and the respondent were represented b...
Denial of Maintenance – Family Court’s Order Upheld - Appellant/Wife appeals against the Family Court’s order denying her maintenance under Section 24 of Hindu Marriage Act, 1955. The High Court concurs with the lower court’s findings regarding her educational qualifications and undisclosed employment. [Para 1, 4, 9-10]
Qualification and Earning Capacity ...
Child Custody - Welfare of the Child - Dispute between parents over the custody of minor child, Master Advik - Parents originally from India, living in various countries due to career prospects - Child's happiness and well-being considered paramount - Extensive interactions with the child revealed his preference to stay with the father in Bangkok - Mother's career priorities in Germany not...