Civil Procedure – Transfer Petition – Matrimonial Matters – Appellant sought transfer of F.C.O.P. No. 125 of 2020 from Family Court Vellore to Family Court Chennai due to her inability to travel and her dependency on aged parents – Supreme Court emphasized the principle of convenience of the wife and ordered the transfer to avoid multiplicity and conflict of decisions &ndas...
Constitutional Law – Habeas Corpus – Custody of Minor Children – Petitioner-mother filed writ seeking custody of minor children taken to India by respondent-father against US court orders – High Court issued notice and deferred hearing multiple times to explore amicable settlement – Supreme Court reiterated paramount importance of child's welfare and upheld inhere...
Criminal Law – Regular Bail – Petitioner in Custody – Criminal Miscellaneous Petition seeking regular bail under Section 439 Cr.P.C. – FIR registered under Sections 363, 366-A IPC, later including Sections 376, 506, 120-B IPC, and Section 4 of POCSO Act – Petitioner is mother of the main accused and not directly involved in sexual assault – In custody for over 1...
Custody of Minor - Mother's Right – Writ of Habeas Corpus under Article 226 – Section 6 of Hindu Minority and Guardianship Act, 1956 – Custody of minor girl child aged less than 5 years – Petitioner-mother sought custody from father and grandparents – Held, mother's love and care indispensable for healthy growth – Grandparents unable to provide equivalen...
Custody of Child – Welfare of Minor – The paternal grandparents sought custody of their minor grandson, whose parents passed away during the Covid-19 pandemic – High Court had handed over custody to the maternal aunt – Supreme Court reversed this decision, emphasizing the emotional and loving care provided by paternal grandparents – Grandparents' ability to provid...
Family Law - Divorce – Irretrievable Breakdown of Marriage – Divorce granted to husband – Parties living separately for approximately 20 years – Strong presumption that marriage has broken down – Court considers the prolonged separation and the futility of preserving an unworkable marriage – Divorce granted with a permanent alimony of Rs. 20,00,000/- to the wife...
Family Law – Divorce and Maintenance – Parties married in 1998 and separated since 2002/2004 with a daughter born in 2001 – Appellant filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, which was dismissed – Respondent accused appellant of dowry demands and harassment – High Court reversed trial court’s dismissal of divorce ...
Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal – Family Court dismissed husband's petition for nullity and divorce – Husband alleged cruelty and desertion – Court finds marriage irretrievably broken – Parties living separately for over 10 years – Continuous separation presumed as broken marriage – Appellant's petition under Secti...
Family Law - Divorce on Grounds of Cruelty – Appeal – Family Court granted divorce to the husband on grounds of cruelty – Wife appealed, challenging the admissibility of electronic evidence and findings of cruelty – High Court upheld Family Court's decision – Held, Family Courts have wide discretion under Section 14 of the Family Courts Act, 1984, to admit evidenc...
Civil Procedure - Rejection of Plaint – Civil Revision against Trial Court's Order dismissing application for rejection of suit under Order VII, Rule 11 CPC – Suit challenging decree dated 20.05.1986 alleging fraud and claiming coparcenary rights under amended Section 6 of the Hindu Succession Act – High Court holds no existing coparcenary post-severance of shares in 1986 dec...