Matrimonial Law - Concealment of Thalassemia Status – Cruelty – Decree of Divorce Upheld – The wife failed to disclose that she was a Thalassemia Minor during premarital discussions, which came to light only when she conceived a child with similar complications – The concealment led to medical and emotional strain in the marital relationship, justifying divorce on grounds o...
Guardianship – Article 226 – Appointment of Guardian for Person in Comatose State – Petition filed under Article 226 seeking declaration of the petitioner as the guardian of her husband, who is in a persistent vegetative state due to a cerebrovascular stroke – Held: No existing legislation for appointing a guardian in such cases; Court invoked parens patriae jurisdiction to...
Habeas Corpus – Child Custody – No Detention Found – Petitioner sought a writ of habeas corpus for her minor daughter allegedly detained by her estranged husband – Court held that since no judicial orders presently govern custody and respondents possessed a valid injunction restraining forcible removal of the child, no case of illegal detention exists – Petition dismi...
Matrimonial Law – Cruelty and Desertion – Absence of Evidence – Divorce Denied - Appellant-husband’s suit for divorce was dismissed due to lack of cogent evidence on cruelty – Allegations of cruelty, including attempted suicide, office complaints, and abusive behavior, were unsupported by medical or third-party evidence – Evidence from P.W.2 (plaintiff’s m...
Criminal Law – Quashing of Proceedings – Non-compliance with Settlement Terms – Petition Dismissed – The petitioner sought quashing of criminal proceedings based on a settlement agreement in divorce proceedings where the respondent refused to proceed with the second motion under Section 13B(2) of the HMA – Held: Withdrawal of consent for mutual divorce is a statutory ...
Divorce – Cruelty – False Complaints Against Spouse – Established as Mental Cruelty – The appellant-husband alleged cruelty due to false criminal cases filed by the wife, which resulted in his acquittal. The court held that malicious litigation causing mental and emotional distress constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. – Held: Filing ...
Divorce – Mental Disorder – Section 13(1)(iii) of Hindu Marriage Act – Claim for Divorce Rejected – Appeal Allowed – The appellant-husband sought divorce on the ground that the respondent-wife suffered from schizophrenia, rendering her unsuitable for marital life – Held: Evidence failed to prove that the alleged mental disorder was of such a nature and degree as...
Hindu Marriage – Ceremonial Requirements – Appellant's suit for annulment of marriage under Section 12 of the Act, 1955 dismissed; respondent's suit for restitution of conjugal rights decreed – Appeal contends no valid marriage as per Hindu rites and customs – Trial court found documentary evidence reliable, but ignored inconsistencies and lack of proper ceremony &n...
Interim Maintenance – Enhancement – Appeal against Family Court’s order – Both parties filed appeals, one for setting aside and the other for enhancement of interim maintenance – Family Court granted enhanced maintenance considering husband’s income and wife’s dependency – Appeal by husband dismissed, appeal by wife partially allowed, enhancing maint...
Custody of Minors – Habeas Corpus Petition – Petitioner, the biological mother, seeks custody of her minor children from the step-brother and step sister-in-law – Supreme Court precedents emphasize welfare of the child as paramount – Mother’s right to custody upheld unless disqualified by clear exceptions [Paras 1-17].
Writ of Habeas Corpus – Maintainability ...