Matrimonial Law – Divorce – Desertion – The appellant-husband sought a decree of divorce on grounds of cruelty and desertion following a failed decree for restitution of conjugal rights. The Trial Court granted the divorce, but the High Court reversed this decision, leading to the current appeal. The Supreme Court found that the appellant had been deserted by the respondent witho...
Divorce Appeal – Hindu Marriage Act – Section 13(1)(ia) (ib) – Appellant's appeal against dismissal of his divorce petition by Family Court – Allegations of cruelty and desertion by respondent-wife. [Para 1, 5, 10]
Allegations of Cruelty – Insufficient Details and Lack of Specific Incidents – Family Court's dismissal based on vague and gener...
Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s p...
Matrimonial Law – Divorce - Cruelty and Desertion in Marriage – Grant of Divorce to Appellant – Appellant Ruma Chakraborty's appeal against the dismissal of her petition for divorce on grounds of cruelty and desertion under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 – Appellant's allegations of respondent's neglect, financial irresponsibility, a...
Family Law – Dissolution of Marriage – Cruelty – Supreme Court upheld the High Court’s reversal of the Family Court's decree of dissolution of marriage on the ground of cruelty – Found no basis for the allegation of cruelty by the respondent, who had faced complications during pregnancy and stayed at her parental home for legitimate reasons – The appellant f...
Transfer of Case – Petitioner-wife seeks transfer of restitution of conjugal rights case from Rajasthan to Punjab under Section 25 of the CPC – Respondent-husband absent and unresponsive despite notice via speed post and WhatsApp – Transfer approved by the Supreme Court, moving the case from Sri Ganga Nagar, Rajasthan to Faridkot, Punjab [Paras 1-5, 8]
Case Managemen...
Divorce – Irretrievable Breakdown of Marriage – Exercise of Article 142 Powers – Appeal by husband challenging the High Court’s order dismissing his divorce petition – Husband and wife lived together for only 43 days in total – Separation period of over 22 years – Continuous legal battles and acrimonious relationship – Supreme Court exercises powers ...
Criminal Law – Maintenance for Divorced Muslim Women – Appeal challenging reduction of interim maintenance from INR 20,000 to INR 10,000 per month – Appellant argued applicability of the Muslim Women (Protection of Rights on Divorce) Act, 1986 over CrPC – High Court upheld maintainability of maintenance under CrPC – Supreme Court affirmed, highlighting the continued e...
Maintenance and Domestic Violence – Wife filed a complaint under Section 12 of DV Act against Husband alleging domestic violence – Trial Court granted maintenance of Rs.1,00,000/month and Rs.5,00,000 compensation – Appellate Court set aside this, remanding the case back to the Trial Court for re-trial without specific findings on key issues – High Court found this approach ...
Family Law – Maintenance Section 125 Cr.P.C. - Modification of maintenance order - Appellant challenges the High Court's modification of maintenance granted to the respondent No. 1-wife and son - High Court modified the maintenance order to be payable from the date of filing the application for maintenance - Appellant contends that the maintenance granted is excessive and questions the s...