Divorce – Mental Disorder – Section 13(1)(iii) of Hindu Marriage Act – Claim for Divorce Rejected – Appeal Allowed – The appellant-husband sought divorce on the ground that the respondent-wife suffered from schizophrenia, rendering her unsuitable for marital life – Held: Evidence failed to prove that the alleged mental disorder was of such a nature and degree as...
Divorce – Cruelty – False Complaints Against Spouse – Established as Mental Cruelty – The appellant-husband alleged cruelty due to false criminal cases filed by the wife, which resulted in his acquittal. The court held that malicious litigation causing mental and emotional distress constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. – Held: Filing ...
Hindu Marriage – Ceremonial Requirements – Appellant's suit for annulment of marriage under Section 12 of the Act, 1955 dismissed; respondent's suit for restitution of conjugal rights decreed – Appeal contends no valid marriage as per Hindu rites and customs – Trial court found documentary evidence reliable, but ignored inconsistencies and lack of proper ceremony &n...
Interim Maintenance – Enhancement – Appeal against Family Court’s order – Both parties filed appeals, one for setting aside and the other for enhancement of interim maintenance – Family Court granted enhanced maintenance considering husband’s income and wife’s dependency – Appeal by husband dismissed, appeal by wife partially allowed, enhancing maint...
Matrimonial Law – D.V. Act - Interim Maintenance – Modification by Appellate Court – Quantum Justified Under Beneficial Legislation – The petitioner challenged the award of ₹5,000 per month as interim maintenance to his estranged spouse under Section 23 of the D.V. Act, arguing that the couple had been separated since 2003, and no recent domestic violence had occurred. Th...
Custody of Minors – Habeas Corpus Petition – Petitioner, the biological mother, seeks custody of her minor children from the step-brother and step sister-in-law – Supreme Court precedents emphasize welfare of the child as paramount – Mother’s right to custody upheld unless disqualified by clear exceptions [Paras 1-17].
Writ of Habeas Corpus – Maintainability ...
Matrimonial Law – Permanent Alimony – Appeal and Modification – The Family Court dissolved the marriage between the appellant and the respondent, directing the appellant to pay ₹14,00,000/- as permanent alimony. On appeal (MATA No. 64 of 2018), the High Court reduced the alimony to ₹10,00,000/-, with a direction for payment within four months. Failing timely payment, the amou...
Bar on Divorce Petition Presentation within One Year of Marriage – Section 14, Hindu Marriage Act, 1955 – Appeal allowed - The appellant argued that the divorce petition filed by the respondent was statutorily barred since it was presented within one year of marriage without seeking requisite court permission – Held: As per Section 14(1), a petition for divorce is barred within o...
Family Law – Maintenance to Wife and Child – Financial Obligations of Husband – Petitioner argued inability to pay maintenance awarded by Family Court due to low income and personal obligations – Evidence showed inconsistent financial disclosures by petitioner, including alleged property dealing income and sale of ancestral property – Held: Petitioner, being healthy a...
Marriage and Divorce – Desertion – Appeal against dismissal of divorce petition – Appellant claims wife deserted him and was in an adulterous relationship – Trial court dismissed suit finding no evidence of desertion or adultery – Appellant failed to prove allegations with substantive evidence – Desertion requires animus deserendi and absence of reasonable cause...