Alleged Non-Disclosure and Health Issues – Appellant's contention that respondent concealed her age and health condition; trial court finds lack of substantive evidence – Inadequate proof of respondent's pre-marriage surgery and health condition; appellant's claims uncorroborated by documents – Allegations deemed as cruelty towards respondent [Paras 3, 5, 30].
Alle...
Family Law – Hindu Marriage Act – Dissolution of Marriage – Court examined whether a marriage under the Hindu Marriage Act can be dissolved through a compromise in proceedings under Section 125 Cr.P.C. The court considered the legitimacy of a second marriage and its impact on family pension rights. [Para 3-5, 9-11]
Marriage Dissolution Procedure – held – ...
Family Law – Right of Natural Guardian – Mother, as the only natural guardian after the father's death, has the right to decide the surname of her child and give the child in adoption – High Court's direction to restore the child's original surname was overturned – Mother's decision to change the surname to that of her new husband is valid and aligns with th...
Maintenance Allowance – Non-payment – Breach of Protection Order – Interpretation and application of Section 31 of the Domestic Violence Act – Whether non-payment of maintenance allowance amounts to economic abuse and breach of a protection order under the DV Act – Principles of purposive interpretation and mischief rule applied – Objective of the DV Act to prov...
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...
Misuse of Maintenance Tribunal – Petitioner Sanjivani alleges misuse of Maintenance Tribunal by husband and his parents to evict her from the matrimonial home, infringing her rights under the Domestic Violence Act - [Para 1]
Matrimonial Discord – Ongoing matrimonial disputes, with complaints lodged by both parties, including a complaint under the Domestic Violence Act filed by Sanji...
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Modification of maintenance amount by Appellate Tribunal – Original order requiring each brother to pay Rs.700/- per month – Appellate order enhanced petitioner's payment to Rs.3000/- per month, leaving other brother's payment unchanged – Petitioner's challenge to the discriminatory enhancement. ...
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Section 19 read with Section 21 – Override of restrictions imposed under Section 198(1) read with Section 198(3) of the Code of Criminal Procedure, 1973 (Cr.P.C) – Declaration by the court – Court declares that Section 19 read with Section 21 of the POCSO Act shall override the restrictions imposed by Secti...
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...