Maintenance for Minor Child – Revision against trial court’s order – Respondent directed to deposit maintenance arrears and continue interim payments – Revision against ex-parte maintenance order favoring minor child – Trial court’s direction for respondent to pay Rs.25,000 p.m. as maintenance – Respondent’s plea to set aside ex-parte order granted, ...
Joint Trial – Family Court Proceedings – Petitioner sought joint trial for efficiency and consistency in cases involving related issues of maintenance and return of articles – Family Court dismissed application citing different procedures for summary proceedings under Section 125 Cr.P.C. – High Court emphasized objective of speedy justice in family disputes – Joint tr...
Condonation of Delay – Matrimonial Appeal – Application under Section 5 of the Limitation Act for condonation of 122 days delay in filing appeal against ex parte decree of dissolution of marriage – COVID-19 and family responsibilities cited as reasons for delay – Respondent remarried after expiry of appeal period – Delay not satisfactorily explained – Applicatio...
Family Law – Dissolution of Marriage – Appellant-husband filed for divorce under Section 13(1)(ia)(ib) of the Hindu Marriage Act, citing cruelty and desertion by the respondent-wife – Family Court dismissed the petition – High Court upheld the dismissal, finding no substantial evidence of cruelty or desertion [Paras 1-30].
Cruelty and Desertion – Insuffic...
Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
Domestic Violence – Interim Monetary Compensation – Petitioner challenged the order of the 1st Additional Sessions Judge, Srinagar, enhancing interim monetary compensation from Rs. 15,000 to Rs. 31,000 per month – Contention that an appeal under Section 29 of the DV Act against an interim order is not maintainable – Court held that there is no bar on filing an appeal agains...
Family Law – Divorce on Grounds of Cruelty and Desertion – Appeal by wife against the decree of divorce granted by Family Court on grounds of cruelty and desertion – Evidence showing refusal of wife to establish physical relationship and her voluntary departure from matrimonial home shortly after marriage – Wife lodged false dowry complaint against husband – No cohabi...
Guardianship and Custody – Habeas Corpus Petition – Petitioner no. 2, mother of petitioner no. 1 (minor corpus), ousted from matrimonial home and corpus detained by grandmother – Father (respondent no. 4) abroad with no return date – Corpus produced before Court and interim custody granted to mother – Court asserts mother’s legal entitlement to custody under per...
Marriage Law – Cruelty and Divorce – Appeal by husband against Family Court's dismissal of divorce and decree for restitution of conjugal rights – Family Court found cruelty by wife proved but did not grant divorce due to failure to establish desertion – High Court held cruelty alone sufficient for divorce – Judgment dismissing divorce set aside and decree of divo...
Habeas Corpus - Custody of Minor Child - Welfare of Child – Criminal Allegations of Dowry Harassment – Habeas corpus petition filed for the custody of a minor child – Custody taken by father alleged to be forceful – Consideration of child's welfare paramount – Two-month-old child taken from mother, who is alleged to have been subjected to cruelty for dowry –...