Irretrievable Breakdown of Marriage – Dissolution of Marriage Granted – The Supreme Court granted a decree of divorce based on the irretrievable breakdown of marriage between Prakashchandra Joshi (appellant) and Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah (respondent). The parties had been living separately since February 2011, with no contact for almost 13 years, and the respond...
Maintenance - Wife and Child - Adulterous Relationship - DNA Test - Adverse Inference: In a criminal revision case (CRIMINAL REVISION No.777 of 2016), heard by Honorable Mr. Justice Dr. Anshuman in the High Court of Judicature at Patna, the petitioner challenged an order passed by the Principal Judge, Family Court, Gaya. The order directed the petitioner to pay maintenance allowances to his wife (...
Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – The Supreme Court allowed the appeal and quashed the FIR against the appellants, relatives of the husband, under Sections 498-A, 323, 504, 494, 377 IPC, in light of general and nonspecific allegations. [Para 8, 14]
Dowry and Harassment Allegations – Specificity Required – Held – For invoki...
Dowry death - Ingredients - Conviction based on proof of cruelty or harassment for dowry soon before death - Nexus between alleged harassment and death must be established - Presumption under Section 113B of the Indian Evidence Act - Examination of evidence to ascertain whether cruelty or harassment leading to suicide is proved beyond reasonable doubt - Acquittal of husband and tenant - Conviction...
Domestic Violence Act – Applicability to Married Sister-in-Law Residing Separately – Question of Domestic Relationship – The High Court addressed whether a married sister-in-law, living separately in her own matrimonial home, can be included in a domestic violence case under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The court examined the defini...
Witness – Petitioners challenge the order allowing examination of an additional witness, Surinder Pal Singh, in a case of assault – Trial court's decision upheld as the examination of the witness deemed essential for a just decision of the case. [Para 1, 4-6, 16]
Investigation – Role of Investigating Officer and Importance of Witness Testimony – Critique of...
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...
Matrimonial Law – Divorce - Civil Revision Petition – Challenging order of Senior Civil Judge in mutual consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1956 – Petition returned for want of jurisdiction – Petitioner and respondent, belonging to Lambada Scheduled Tribe, contending their marriage was solemnized as per Hindu customs. [Paras 1-4]
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Quashing of FIR – Petition filed for quashing FIR No. 129/2021 registered under Section 363 of IPC – Cognizance taken under Sections 366, 376, 376(2)(n), Section 5(1)(j)(ii), and Section 6 of The POCSO Act – Petitioner and victim married and have a child – Victim’s statement recorded under Section 164 of Cr.P.C. stating marriage and consensual physical relationship &n...
Custody of Minor – Guardianship Dispute – Appeal against the order of First Additional District Judge, Waraseoni, rejecting the application for custody of the minor son under Section 25 of Guardians and Wards Act, 1890 – Trial court's decision based on the welfare of the child, considering the conduct of the appellant and the ability of maternal grandparents to provide care. ...