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...
Domestic Violence Act - Maintenance - Scope - Application for maintenance filed under Section 12 of the Domestic Violence Act by the divorced Muslim woman - Whether maintainable - Held, the subsequent decree of divorce does not absolve the liability of the respondent from the offence committed or deny the benefits to which the aggrieved person is entitled under the Domestic Violence Act - Aggrieve...
Matrimonial Law - Constitutional Law – Challenge to Section 5(v) of Hindu Marriage Act (HMA), 1955 – Petitioner's marriage declared null and void under Section 5(v) – Allegation of Section 5(v) being violative of Article 14 of the Constitution – Court finds no merit in challenge – Petitioner's inability to prove the existence of custom allowing marriage within...
Family Law – Divorce and Maintenance – Parties married in 1998 and separated since 2002/2004 with a daughter born in 2001 – Appellant filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, which was dismissed – Respondent accused appellant of dowry demands and harassment – High Court reversed trial court’s dismissal of divorce ...
Domestic Violence - Petitioner's Allegations Against In-Laws and Marital Harassment – Petitioner Bhawna Grover married to Sh. Nishant Grover, facing harassment from in-laws and respondents who are sister and brother-in-law of petitioner's husband - Allegations of dowry demands, deceit regarding husband's educational qualifications, and continuous harassment - FIR No. 130/2012 reg...
Matrimonial Law - Paternity Test Refusal Upheld - Appellant/husband's appeal against Family Court's refusal for a paternity test dismissed – Family Court's decision based on continuous cohabitation of the couple and the presumption of legitimacy under Section 112 of the Evidence Act upheld – The child's interest considered paramount, with the Court emphasizing that the ...
Matrimonial Law – Divorce - Cruelty and Desertion in Marriage – Grant of Divorce to Appellant – Appellant Ruma Chakraborty's appeal against the dismissal of her petition for divorce on grounds of cruelty and desertion under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 – Appellant's allegations of respondent's neglect, financial irresponsibility, a...
Family Law – Dissolution of Marriage – Cruelty – Supreme Court upheld the High Court’s reversal of the Family Court's decree of dissolution of marriage on the ground of cruelty – Found no basis for the allegation of cruelty by the respondent, who had faced complications during pregnancy and stayed at her parental home for legitimate reasons – The appellant f...
Transfer of Case – Petitioner-wife seeks transfer of restitution of conjugal rights case from Rajasthan to Punjab under Section 25 of the CPC – Respondent-husband absent and unresponsive despite notice via speed post and WhatsApp – Transfer approved by the Supreme Court, moving the case from Sri Ganga Nagar, Rajasthan to Faridkot, Punjab [Paras 1-5, 8]
Case Managemen...