Constitution of India - Article 14 - Compassionate Appointment - Child of Second Wife - Supreme Court held that compassionate appointment cannot be denied to the child of a second wife of a deceased employee solely on the basis of descent - Such exclusion violates Article 14 of the Constitution - Policy or rule that discriminates against legitimate children born from second marriages is arbitrary ...
Family Law – Divorce – Irretrievable Breakdown of Marriage – Section 13 Hindu Marriage Act – Husband and wife cohabited for only 15 days – Marriage not consummated – Wife initiated criminal proceedings against husband and family alleging dowry demands – Held: Marriage has irretrievably broken down with no chance of reconciliation – Divorce granted to...
Family Law – Dissolution of Marriage – Cruelty – Supreme Court upheld the High Court’s reversal of the Family Court's decree of dissolution of marriage on the ground of cruelty – Found no basis for the allegation of cruelty by the respondent, who had faced complications during pregnancy and stayed at her parental home for legitimate reasons – The appellant f...
Family Law – Dissolution of Marriage – Marriage dissolved on grounds of cruelty and desertion by the appellant-wife – Concurrent findings by Family Court and High Court – Supreme Court noted irretrievable breakdown of marriage as the parties have been living separately since May 2011 and respondent-husband has re-married – Decree of divorce upheld under Article 142 of...
Habeas Corpus – Child Custody – Legal and Proper Detention – Petition for habeas corpus seeking release of minor son aged 14 years – Child living with grandfather and uncle since birth – Court held writ of habeas corpus maintainable only if custody is illegal or improper – Direct interaction with the child showed he was happy living with his grandfather and did ...
Attempt to Commit Rape – Distinction between Preparation and Attempt – Respondent lured minor girls, took them inside a room, closed the doors, undressed them, and rubbed his genitals against theirs – High Court reduced conviction to 'outraging the modesty' under Section 354 IPC – Supreme Court held acts were beyond preparation and amounted to an attempt to commit r...
Constitutional Law – Habeas Corpus – Child Custody – Petition under Article 226 for habeas corpus seeking custody of minor child – Petition resisted due to the petitioner’s treatment for personality disorder and availability of alternative remedy under the Guardians and Wards Act – Court held that while habeas corpus is maintainable for child custody, the detail...
Hindu Marriage Act – Counterclaim – Section 23A permits the respondent in divorce, judicial separation, or restitution of conjugal rights proceedings to make a counterclaim for relief on the grounds of the petitioner’s adultery, cruelty, or desertion – Counterclaim can only include reliefs under Sections 9 to 13 of the Act – Reliefs against third parties or declaratio...
Family Law – Divorce on Grounds of Cruelty – Appeal against High Court’s order setting aside the decree of divorce and allowing the wife’s petition for restitution of conjugal rights – Marriage remained unconsummated and parties lived separately since the wedding day – Wife repeatedly filed cases against the husband, including criminal complaints and RTI queries...
Habeas Corpus – Minor Marriage – Release of Detenue – Detenue aged 17 and a half years asserted marriage with respondent and desire to live with him – No FIR registered against detenue or her husband – Marriage not void but voidable at detenue's option – Even without proof of marriage, partners entitled to live-in relationship – Prosecution not justifi...