Dowry Death – Section 304-B IPC – The deceased committed suicide by setting herself ablaze just after one year of her marriage, having been subjected to cruelty and harassment for dowry by the accused. The court emphasized that Section 304-B IPC, which defines 'dowry death', should be interpreted keeping in mind the legislative intent to curb the social evil of dowry demands an...
Hindu Marriage Act, 1955 - Section 13 - Divorce - Mental cruelty - Appeal against dismissal of divorce petition - Appellant alleged mental cruelty, long desertion, and a divorce agreement reached in a community Panchayat - Lower court dismissed the case citing lack of admissible evidence - High Court held that denying sexual intercourse without sufficient reason amounts to mental cruelty - Uncontr...
Transfer Petition in Matrimonial Dispute – Settlement and Mutual Divorce – Petition filed under Section 25 CPC for transfer of matrimonial case from Karnataka to Maharashtra. Parties arrive at a settlement during mediation, agreeing to dissolve their marriage via mutual consent under Article 142 of the Constitution. [Para 1-2]
Settlement Terms – Property and Financial Arrangem...
Civil Appeal – Divorce – Irretrievable Breakdown of Marriage – Whether the irretrievable breakdown of marriage should result in the dissolution of marriage under Article 142 of the Constitution of India when it is not a ground for divorce under the Hindu Marriage Act, 1955 – Court's discretion to grant divorce under Article 142 discussed and outlined. [Para 15-20]
Cr...
Transfer of Matrimonial Proceedings – Registry error in listing Transfer Petition – Explanation submitted by Registry staff – Returnable date preponed causing injustice – Practice needs rectification – Order dated 20th July, 2023 recalled – Transfer Petition restored to its original number.
Transfer of Matrimonial Case – MAT Suit No. 1954 of 2021 &ndas...
Constitutional Law – Right to Privacy – Whether the right to privacy is absolute - Apex Court has held that the right to privacy, as enshrined under Article 21 of the Constitution of India, is not an absolute right and is subject to reasonable restrictions when legitimate public interest is involved - K.S. Puttuswamy v. Union of India, (2017) 10 SCC 1, followed.
Hindu Marr...
Family Courts Act – Jurisdiction and Procedure – Family Court does not have plenary powers to bypass mandatory procedural requirements ensuring fairness and transparency – Section 7 defines jurisdiction, while Section 10 integrates CPC procedures for dispute resolution – Family Courts must adhere to principles of the Indian Evidence Act, 1872, as mandated by Section 14 of t...
Custody Dispute - Child's Welfare Paramount - Challenge against High Court's custody order favoring respondent - Matrimonial dispute involving child custody - Importance of child’s welfare as the paramount consideration in such cases [Para 3, 7, 11].
Non-compliance with Court Orders - Appellant failed to comply with the order to hand over the child's custody to respondent - Ch...
Criminal Appeal – Maintenance for Minor Child – Reduction of maintenance from ₹20,000 to ₹7,500 per month by High Court – Family Court’s decision modified without clear reasons – Supreme Court sets aside High Court’s order for lack of detailed reasoning and remands the matter for fresh consideration. [Paras 3, 13-15]
Family Law – Affidavit of Disclo...
Family Law – Matrimonial Dispute – Long-Standing Separation
Parties have been living separately for over 15 years, making the marriage emotionally dead and beyond salvage. Reference made to the principles laid down by the Constitution Bench in the case of Shilpa Sailesh v. Varun Sreenivasan, 2023 (6) SCALE 402, which were found applicable. [Para 17]
Legal Principles &ndash...