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...
Transfer of Case – Matrimonial Proceedings – Convenience of Petitioner-Wife – Petition filed under Section 24 of CPC for transferring matrimonial case from Bengaluru to Tiptur – Petitioner residing in Tiptur with aged parents – Traveling to Bengaluru (190 km) causes hardship and inconvenience – Transfer granted considering convenience of the wife and legal prece...
Criminal Law – Quashing of FIR and Proceedings under Article 142 – Appeal Allowed – The appellant was charged with multiple offences, including under Sections 376 and 377 IPC, based on a complaint by his wife. However, during trial, the complainant retracted her statements, indicating she filed the complaint under family pressure. Held: Considering the retraction and the desire o...
Maintenance – Entitlement of Wife – Section 125 of Cr.P.C. – The petitioner sought reduction of the maintenance amount awarded to the respondent (wife) on the grounds that she is well qualified (M.Com. degree) and capable of earning – Held: Merely being qualified does not disentitle the wife from claiming maintenance – Financial support is required even if the wife is...
Domestic Violence – Right of Residence – Shared Household – The petitioner, who married the second respondent, claimed her right to reside in the shared household under Section 19 of the Domestic Violence Act. The Magistrate’s earlier order protecting her right to stay in the shared household was recalled on the grounds that the property was owned by her father-in...
Quashing of FIR – Post-Divorce Proceedings – Section 498-A, IPC – Quashing Allowed – The appellants, former in-laws of the second respondent (complainant), sought quashing of criminal proceedings under Section 482 CrPC, contending that the complainant has since remarried and is residing in Austria. The Supreme Court held that continuing the criminal proceedings would not se...
Maintenance – Muslim Law – Talaak Validity – Petitioner challenged the Revisional Court’s order directing him to pay maintenance – Contended divorce (Talaak) pronounced validly, relieving him of obligations – High Court upheld Revisional Court’s decision – Talaak must be proven with efforts for reconciliation, valid reason, presence of just witnesses...
Family Law – Divorce – Grounds of Cruelty and Desertion – Appeal by husband challenging dismissal of his petition for divorce – Appellant alleged cruelty and desertion by wife due to her epilepsy, smoking, drinking, and alleged behavior – Family Court found no evidence supporting appellant’s claims – Appellant had not provided medical evidence of epilepsy ...
Desertion and Cruelty – Prolonged Separation as Grounds for Divorce – Appeal Allowed - The appellant claimed that the respondent deserted him without cause, and long-term separation amounted to cruelty – Held: Continuous separation for over two decades with no genuine reconciliation efforts demonstrates desertion and mental cruelty under Section 13(1)(ia) and (ib) of the H.M. Act...
Family Law – Maintenance – Revision Application – Compliance with Guidelines – The petitioner contended that the maintenance order awarded by the Family Court was harsh and not based on legal evidence – The trial court did not properly assess his financial capacity and failed to consider the fact that the petitioner is unemployed – The petitioner also claimed th...