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...
Family Law – Restoration of Petition – Appellant’s Conduct –
Petition under Section 9 of the Hindu Marriage Act dismissed for default as appellant and his counsel failed to appear on the scheduled date – Appellant walked out during proceedings on the prior date and did not return – Filed for restoration under Order IX Rule 4 CPC after four months – Appe...
Guardianship and Custody – Interim Custody – Application under Section 12 of the Guardian and Wards Act, 1980 dismissed by the Family Court – Family Court observed the child was uncomfortable with the appellant – High Court upheld the dismissal, emphasizing the child’s best interest and emotional well-being – Meetings to continue under the supervision of a couns...
Custody of Minor Child – Interim Custody and Visitation Rights – Appellant sought interim custody of minor child, Master Shrestha Sharma, during ongoing divorce proceedings – Family Court denied interim custody, finding the child uncomfortable and apprehensive in the presence of the appellant – Delhi High Court upheld Family Court’s decision, prioritizing child’...
Hindu Adoption and Maintenance Act, 1956 – Section 10 – Validity of Adoption – Adoption of a person aged more than 15 years – Petitioner adopted at age 27 – Registered adoption deed executed – Civil suit filed for declaration of status as adopted son – Compromise decree passed – Tahsildar revoked certificate of Earthquake Affected Person – High...
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...
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...
Criminal Law – Territorial Jurisdiction – Section 498-A IPC, Sections 3 & 4 of Dowry Prohibition Act, Section 3(1)(x) of SC & ST (POA) Act – Appellants sought discharge on grounds of lack of territorial jurisdiction, contending harassment occurred in Kurnool, not Visakhapatnam – Special Judge found continuous offence and dismissed discharge petitions – High Co...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appellant sought divorce alleging respondent’s disinterest in marriage, extra-marital relationship, and repeated desertion – Family Court dismissed petition citing lack of specific evidence and hearsay nature of allegations – Appellant’s claims of respondent’s cruelty and desertion found unsub...