Matrimonial Discord & Divorce – Marriage solemnized on 25.01.2011, parties separated since 06.09.2011 – Appellant's plea for divorce on grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, previously dismissed by Family Court along with respondent's plea for Restitution of Conjugal Rights under Section 9 of the same Act – High Court revis...
Family Court Appeal – Appeals against dissolution of marriage and denial of restitution of conjugal rights allowed – Erroneous application of law and misinterpretation of facts by the Family Court corrected – Marriage dissolution set aside, restitution of conjugal rights granted. [Para 38]
Cruelty and Desertion – Insufficient evidence to support claims of cruel...
Modification of interim maintenance under Section 24 of the Hindu Marriage Act, 1956 - Original order directed the Husband to pay Rs.66,000/- per month cumulatively to Wife and daughters following a divorce petition - Husband seeks modification citing elder daughter’s majority and employment in the USA, reduction in his salary, and personal financial constraints, including increased re...
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)
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Civil Appeal – Entitlement to pensionary benefits – Appellants aggrieved by High Court's dismissal of their appeal – Validity of marriage between deceased Subedar Bhave and appellant No. 1 challenged – Decree of divorce between deceased and his first wife – Long cohabitation of appellant No. 1 and deceased – Presumption of marriage and legal validity invoked...
Kidnapping – Biological Father’s Act of Taking Minor Son from Mother’s Custody – Examination of whether a biological father taking his minor son from the mother’s custody amounts to kidnapping under Section 363 of the IPC – Father’s role as natural guardian under Hindu law considered. [Para 4-5, 12]
Lawful Guardianship – Hindu Minority and Guardia...
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...
Enhancement of Maintenance Allowance – Section 127 Cr.P.C. – Petitioner sought enhancement of maintenance allowance previously set at Rs. 5,000 per month. Citing increased living costs and husband's income, petitioner argued for an increase to Rs 12,500 per month. Learned Magistrate enhanced maintenance to Rs 6,500 per month, which was challenged as insufficient. High Court observe...
Contempt of Court – Matrimonial dispute - Violation of Settlement Agreement – Respondent retracts from settlement agreement due to dissatisfaction with financial settlement, claiming financial constraints – Respondent’s behavior constitutes abuse of legal process as she seeks a more lucrative financial settlement – Respondent’s admission of not intending to resu...
Maintenance Awarded by Family Court – Challenged by Husband – Family Court ordered husband to pay Rs. 40,000/- monthly for wife and daughter maintenance – Husband’s revision application under Section 397 read with Section 401 of Cr.P.C. claiming inability to pay and contesting wife’s ability to earn – [Para 1, 2, 4]
Assessment of Maintenance –...