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...
Challenge to Trial Court's Decision – Petition filed under Article 227 of the Constitution of India – Impugning order dated 14.10.2023 by ADJ-05, South West District, Dwarka Courts in CS No. 673/2019 – Dismissal of application under Section 151 CPC seeking dismissal of partition suit for concealment by plaintiff. [Paras 1-1.4]
Contention of Petitioner – Pet...
Ordering of blood tests in paternity disputes – Principles to be considered – Courts in India cannot order blood tests as a matter of course – Strong prima facie case of non-access required to dispel presumption of legitimacy – Consequences of ordering blood tests must be carefully examined, including potential stigmatization – No one can be compelled to give a blood ...
Criminal Revision Petition – Dismissal – Domestic Violence Act, 2005 - Marriage and Dowry Allegations – Respondent's claim of marriage in 2006 and dowry payment of Rs. 5 lakh. Assertion of domestic violence and harassment by the petitioner and his family, leading to the filing of a DV Act petition and a criminal case under Section 498A of IPC and the Dowry Prohibition Act. [P...
Hindu Marriage Act, 1955 – Section 13 – Cruelty – Divorce on grounds of cruelty – Effect of abandoning the previous petition based on cruelty – Principle of issue estoppel and cause of action estoppel – Filing of a new petition on the same grounds. [Para 6-12]
Scope of taking recourse to law by initiating legal action before a court of law – When it amo...
Senior Citizens Act – Section 23 – Void Transfers – Sub-section (1) of Section 23 covers all transfers "by way of gift or otherwise" – Conditions: transfer must be subject to condition of providing basic amenities to transferor, and transferee must refuse or fail to provide such amenities – Both conditions must be fulfilled for the transfer to be voidable &n...
Evidence – Multiple dying declarations – Legal position summarized – If the court concludes a dying declaration is true and reliable, made without tutoring, duress, or prompting, and when the declarant was physically and mentally fit, it can be the sole basis for conviction – In case of inconsistencies, the declaration by a higher officer (e.g., Magistrate) can be relied up...
Divorce Petition Dismissal – Mental Cruelty and Mental Disorder Unproved – Appellant (husband) appealed against Family Court’s judgment dismissing his divorce petition under Sections 13(1)(ia) and 1(iii) of the Hindu Marriage Act, 1955, on grounds of alleged cruelty and mental disorder by respondent (wife) – Family Court found no substantial proof of cruelty or mental disor...
Dissolution of marriage on ground of cruelty - 13(1)(ia) Hindu Marriage Act, 1955 - Appellant-wife alleged cruelty by respondent-husband, including demands for dowry, physical and verbal abuse, neglect during pregnancy, and insistence to leave female child with appellant's parents - Respondent denied allegations and filed petition for restitution of conjugal rights - Family court dismissed app...