Maintenance - Wife and Child - Adulterous Relationship - DNA Test - Adverse Inference: In a criminal revision case (CRIMINAL REVISION No.777 of 2016), heard by Honorable Mr. Justice Dr. Anshuman in the High Court of Judicature at Patna, the petitioner challenged an order passed by the Principal Judge, Family Court, Gaya. The order directed the petitioner to pay maintenance allowances to his wife (...
Constitutional Law – Right to Privacy – Whether the right to privacy is absolute - Apex Court has held that the right to privacy, as enshrined under Article 21 of the Constitution of India, is not an absolute right and is subject to reasonable restrictions when legitimate public interest is involved - K.S. Puttuswamy v. Union of India, (2017) 10 SCC 1, followed.
Hindu Marr...
Dowry death - Ingredients - Conviction based on proof of cruelty or harassment for dowry soon before death - Nexus between alleged harassment and death must be established - Presumption under Section 113B of the Indian Evidence Act - Examination of evidence to ascertain whether cruelty or harassment leading to suicide is proved beyond reasonable doubt - Acquittal of husband and tenant - Conviction...
Family Law - Custody of minor child - Welfare of the child as paramount consideration - Allegations of abandonment and surrender of custody by the biological mother - Interaction with the minor child and his expressed desire to stay with the present caregivers - Confirmation of interim custody to the present caregivers. [Para 1-8]
Prima facie evidence of the purported abandonment of the minor c...
Misuse of Maintenance Tribunal – Petitioner Sanjivani alleges misuse of Maintenance Tribunal by husband and his parents to evict her from the matrimonial home, infringing her rights under the Domestic Violence Act - [Para 1]
Matrimonial Discord – Ongoing matrimonial disputes, with complaints lodged by both parties, including a complaint under the Domestic Violence Act filed by Sanji...
Maintenance under Section 125 of the Code of Criminal Procedure, 1973 - Interpretation of the term "wife" - Expansive interpretation given to the term "wife" in Chanmuniya v. Virender Kumar Singh Kushwaha, (2011) 1 SCC 141 - Broad interpretation includes cases where a man and woman have been living together as husband and wife for a considerable period of time - Strict proof of...
Senior Citizens Act, 2007 - Section 23(1) - Constitutional validity - Challenge to the constitutional validity of Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section restricts the applicability of the provision only to gifts of property made by a senior citizen after the commencement of the Act - Petitioner seeks removal or striking down of the...
Maintenance Allowance – Non-payment – Breach of Protection Order – Interpretation and application of Section 31 of the Domestic Violence Act – Whether non-payment of maintenance allowance amounts to economic abuse and breach of a protection order under the DV Act – Principles of purposive interpretation and mischief rule applied – Objective of the DV Act to prov...
Hindu Law – Succession – Legitimacy of Children – Writ petition by widow and daughters of a deceased employee claiming retiral benefits – Marriage of appellant No.1 during subsistence of first marriage – Marriage void – Daughters born out of void marriage deemed legitimate for succession – Appeal allowed to the extent daughters entitled to father's est...
Civil Procedure Code, 1908 – Order IX Rule 13 – Setting aside ex parte decree – Proper service of summons – Conditions under Order V Rule 15 CPC – Appellant’s claim of not being duly served – Mental trauma and depression – Trial court’s dismissal of application – Appeal challenging trial court’s decision – Court examines the e...