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 –...
Divorce Appeal – Cruelty – Financial exploitation, assault, and false allegations – Appellant seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 – Judgment and Decree granting divorce under challenge – Financial exploitation established through evidence – Appellant’s claim of extramarital relationship unsubstantiated – Allegation...
Adoption Law - Cross-Border Adoption and Legal Recognition in India – Petitioners, Indian citizens residing in Kenya, adopted a child in Uganda and sought legal recognition of adoption in India [Paras 2, 3, 9].
CARA’s Inaction on Legalization Request – Petitioners approached CARA for legal sanctity in India but received no definitive response, leading to this petitio...
Civil Appeal – Annulment of Marriage – Appellant seeks annulment of marriage on grounds of fraud under Section 12(1)© of the Hindu Marriage Act, 1955 – Allegations of force and fraud as to nature of the ceremony or material facts concerning the respondent – Appellant’s demand of dowry and failure to complete VISA formalities after marriage – Alleged misrepr...
Marriage and Separation – Marriage between parties and subsequent separation; allegations of relationships outside marriage during proceedings. [Para 1-7, 24-27]
Cruelty – Allegations and substantiation of cruelty; Supreme Court's observations; false complaints constituting mental cruelty. [Para 12-13, 19-23]
Desertion – Evidence of long separation without cogent reason...
Criminal Appeal – Appellant/Husband’s appeal against denial of divorce – Grounds of desertion, unsoundness of mind, and mental disorders – Examination of the appellant’s claims in light of legal provisions and precedent – Disputed issues pertaining to marriage dissolution.
Desertion as Ground for Divorce – Analyzing Section 13(1)(ib) of the Hi...
Matrimonial Dispute – Maintenance Pendente Lite – Challenge against the order dated April 24, 2022, by the Family Court, Saket, directing appellant to pay ₹30,000/- per month as maintenance pendente lite and ₹51,000/- as litigation expenses under Section 24 of Hindu Marriage Act, 1955 – Earlier maintenance of ₹21,000/- per month granted under PWDV Act proceedings. [Paras 1-...
Matrimonial Law – Divorce by Mutual Consent – Withdrawal of Consent – case concerning the withdrawal of consent for divorce by mutual consent under the Divorce Act was examined. The primary focus was on the validity and effects of withdrawing consent after partial compliance with the terms of a mediation agreement. [Para 2, 3, 13, 20]
Interpretation of Mutual Consent...