Custody and Guardianship of Minor Child – Varunavi, a minor whose parents died in a road accident, became the subject of a guardianship dispute between the paternal grandfather (Appellant) and the maternal grandmother (Respondent) – Both filed petitions under the Guardians and Wards Act for appointment as guardian of the child's person and property. [Para 2]
Trial Court Decision...
Right to Information (RTI) – Maintenance in Matrimonial Proceedings – Wife's Entitlement to Husband's Salary Details for Maintenance Claim - Writ petition challenging the order of the State Information Commissioner directing the employer to furnish the petitioner's salary details to his wife, the fourth respondent, in context of pending matrimonial proceedings and maintenan...
Maintenance under Section 125 of the Code of Criminal Procedure, 1973 - Interpretation of the term "wife" - Expansive interpretation given to the term "wife" in Chanmuniya v. Virender Kumar Singh Kushwaha, (2011) 1 SCC 141 - Broad interpretation includes cases where a man and woman have been living together as husband and wife for a considerable period of time - Strict proof of...
Hindu Marriage Act, 1955 – Section 13(1)(1-a) – Dissolution of marriage – Cruelty – Appeal against dismissal of petition – Evidence of wife remained unchallenged – Effect of non-cross-examination of witness – Family Court erred in rejecting the petition – Judgment and decree set aside – Appeal allowed. (Para 12 and 13)
Cross-examin...
Hindu Adoptions and Maintenance Act, 1956 - Section 12 - Interpretation of proviso (b) - Effect of adoption on coparcenary rights - Whether an adopted child severs all ties with the family of birth and becomes a coparcener of the adoptive family - Whether the property already vested in the child in the family of birth is saved upon adoption - Distinction between the unspecified coparcenary interes...
Matrimonial Law – Divorce – Cruelty and Desertion – Appeal against dissolution of marriage by Family Court, Tiruchirappalli on grounds of cruelty and irretrievable breakdown of marriage – Appellant (wife) challenging the decree, arguing irretrievable breakdown not a ground under Hindu Marriage Act and contesting allegations of cruelty and desertion. [Paras 1-3, 6]
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Matrimonial Law - Maintenance Petition for Children – Filed by Keerthana against her father, R. Ochappan, under Section 125 Cr.P.C. – Seeking maintenance for herself and her minor brother after their parents' divorce – Maintenance initially denied by trial court, later granted by revisional court under Hindu Adoption and Maintenance Act, 1956. [Paras 2, 3.1, 3.3]
Dismissal...
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. ...
Bail application - Suspension of sentence and enlargement on bail - Applicant convicted under sections of the Unlawful Activities (Prevention) Act (UAPA) - Applicant seeks bail pending appeal - Applicant's counsel argues lack of evidence supporting allegations - Prosecution relies on confessions, call detail records (CDRs), and an email as evidence - Absence of Section 65B Certificate for elec...