Divorce – Cruelty – Appellant-wife filed an appeal against the decree of divorce granted by the Family Court – Husband alleged that the wife refused to stay with his parents and misbehaved with them – Wife claimed cruelty and dowry demands by the in-laws – High Court set aside the decree of divorce – Court held that the husband failed to prove cruelty adequately...
Family Courts Act, 1984 – Purpose and Objectives – [Para 26-28]
The Family Courts Act, 1984 was enacted to establish family courts for the speedy settlement of family disputes, specifically related to marriage, divorce, custody, guardianship, maintenance, and other familial issues. The Act aimed to simplify and expedite resolution, promote conciliation, protect women’s rights,...
Penal Code – Murder by Poisoning – Appellant convicted for murdering wife of informant by mixing poison in milk – Chemical Examiner reports and investigation revealed procedural lapses – Evidence indicated potential tampering with samples and lack of direct proof linking appellant to possession and administration of poison – Supreme Court found prosecution failed to e...
Maternity Leave – Central Civil Services (Leave) Rules, 1972 – Rule 43 – The appellant, a government employee, applied for maternity leave for her first biological child – Leave was denied on the ground that she had two stepchildren from her husband's previous marriage, thereby exceeding the limit of two surviving children stipulated under Rule 43 – Tribunal and H...
Transfer of Matrimonial Case – Convenience of Wife – Appellant sought transfer of the matrimonial case filed by her husband from Etah to Mathura citing her inability to travel, financial dependence, and allegations of threats – Supreme Court reiterated that in matrimonial matters, the convenience of the wife is of paramount importance – Appeal allowed, case transferred [Par...
Matrimonial Law – Divorce – Grounds of Cruelty – High Court of Delhi granted divorce to the appellant under Section 13(1)(ia) of the Hindu Marriage Act, 1955, on the grounds of cruelty inflicted by the respondent. The Court evaluated the testimony of witnesses, allegations and counter-allegations of cruelty, and instances of discord in the marital relationship. [Paras 1, 19, 43]
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Criminal Revision Petition - Maintenance - Validity of order granting maintenance - Allegation of marriage and paternity dispute - Admissibility of evidence - Scope of Section 14 of the Family Courts Act - Photographic evidence and messages - Deliberate cheating and fraudulent intention of the respondent - Consideration of Supreme Court judgment on the treatment of a woman as a wife for the purpos...
Medical Termination of Pregnancy – Scope of Rule 3B – Unmarried women are entitled to safe and legal abortion under Section 3(2)(b) of the MTP Act read with Rule 3B – The rule includes all women who face a change in material circumstances, irrespective of marital status – The exclusion of unmarried women is discriminatory and violative of Article 14 of the Constitution &nda...
Matrimonial Law - Divorce - Cruelty - Appeal against the judgment of the Additional District Judge denying divorce on the ground of cruelty - Husband alleged disrespectful behavior, physical assault, and financial exploitation by wife - Wife alleged husband's extramarital relationship with colleague causing marital discord - Evidence showed husband's intimate association with colleague, in...
Matrimonial Dispute - Divorce Petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 - Allegations of cruelty and desertion by the appellant/husband against the respondent/wife - Appellant's claim of mistreatment and refusal to live together - Respondent's assertions of being a dutiful wife and attempts at reconciliation - Assessment of evidence and credibility of ...