Family Dispute – Mediation – Resolution of matrimonial disputes – Multiple cases filed by both parties – Decree of divorce already passed – Agreement reached on permanent alimony and visiting rights for the child – Criminal and civil cases between parties – All civil cases withdrawn, and criminal proceedings quashed – Certificates to be returned to t...
Family Law – Dissolution of Marriage – Marriage dissolved on grounds of cruelty and desertion by the appellant-wife – Concurrent findings by Family Court and High Court – Supreme Court noted irretrievable breakdown of marriage as the parties have been living separately since May 2011 and respondent-husband has re-married – Decree of divorce upheld under Article 142 of...
Background and Trial Court's Order – Marriage and Maintenance Claim – Revision application filed against order dated 20.05.2022 for maintenance under Section 125 Cr.P.C., where petitioner was directed to pay Rs. 5000/- per month to Nayana Kumari, claimed to be his wife – Trial court found them to be husband and wife for maintenance claim purposes, despite lack of strict legal...
Criminal Revision – Maintenance under Section 125 Cr.P.C. – Challenge against the order of Family Court granting maintenance to wife – Revisionist contends wife capable of self-maintenance and alleges adultery – Trial court's decision upheld due to lack of evidence supporting revisionist's claims. [Paras 1, 2, 8, 10]
Family Law – Maintenance of Wi...
Annulment of Adoption Order – Male Minor Child – Bal Asha Trust, Mumbai sought annulment of adoption order passed on 17th August 2023 for Ganesh @ Karthik Singhal due to behavioral issues and lack of bonding with adoptive parents - [Paras 1, 5, 9, 11-13].
Post-Adoption Challenges – Adoptive parents experienced difficulties with child's behavior, leading to inability to con...
Attempt to Commit Rape – Distinction between Preparation and Attempt – Respondent lured minor girls, took them inside a room, closed the doors, undressed them, and rubbed his genitals against theirs – High Court reduced conviction to 'outraging the modesty' under Section 354 IPC – Supreme Court held acts were beyond preparation and amounted to an attempt to commit r...
Hindu Marriage Act – Counterclaim – Section 23A permits the respondent in divorce, judicial separation, or restitution of conjugal rights proceedings to make a counterclaim for relief on the grounds of the petitioner’s adultery, cruelty, or desertion – Counterclaim can only include reliefs under Sections 9 to 13 of the Act – Reliefs against third parties or declaratio...
Maintenance Claim – Daughter-in-law seeking recovery of arrears and monthly maintenance from father-in-law and mother-in-law – Marriage deteriorated, leading to legal proceedings – Husband’s anticipatory bail denied – Daughter-in-law granted interim maintenance – Maintenance order enhanced – Daughter-in-law claims inheritance rights to ancestral property &...
Divorce – Irretrievable Breakdown of Marriage – Appellant and respondent married for 12 years with a 12-year-old daughter – Living separately for over a decade – Previous attempts at reconciliation failed – High Court dismissed divorce petition – Appeal to Supreme Court – Court finds irretrievable breakdown of marriage due to continued bitterness, dead emo...
Family Law – Maintenance under Section 125 of CrPC – High Court's reduction of maintenance amount from Rs. 5,000 to Rs. 1,000 per month – Drastic reduction without justification – Impugned order set aside, Trial Court's order of Rs. 5,000 per month maintenance restored – Appeal allowed. [Para 3-5]
Personal Maintenance – Importance of adequate maintena...