Criminal Procedure – Section 125 CrPC – Second Maintenance Application – Res Judicata – The applicant sought to quash the order of the Family Court entertaining a second application under Section 125 CrPC by the respondent wife despite the first application being dismissed without liberty to file a fresh case – The applicant contended that the second application was b...
Maintenance – Modification of Maintenance Order – Quantum of Maintenance Increased – The Trial Court awarded ₹1,500/- per month as maintenance and ₹800/- as rent under the Protection of Women from Domestic Violence Act – Held: The first Appellate Court modified the maintenance to ₹10,000/- per month based on the petitioner’s substantial agricultural income &ndas...
Eviction of Son and Daughter-in-law – Senior Citizens Act – Rule 22(3)(1) of the 2009 Rules – Order of Eviction Restored - The petitioner, a senior citizen, filed for eviction of his son and daughter-in-law under Rule 22(3)(1) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. The District Magistrate had allowed the eviction due to ill-treatment and ...
Guardianship and Custody – Jurisdiction Based on Minor's Ordinary Residence – Application Returned - The appellant sought custody of her minor daughters, invoking Muslim Personal Law, where the mother has deemed custody of a minor girl until she attains puberty. The Family Court dismissed the petition for lack of jurisdiction, holding that the minors were residing with their father...
Criminal Law – Quashing of FIR – Applicants sought quashing of FIR under Sections 498, 323, 504, 506, 509 IPC and 3/4 of the Dowry Prohibition Act – Allegations included demand for dowry, cruelty, and unnatural sexual behavior – Court found that the FIR contained vague and general allegations without specific incidents of dowry demand or cruelty – Held: General and va...
Family Law – Domestic Violence Act – Section 25 – Modification of Maintenance – Appellant-wife had obtained maintenance of ₹12,000 per month and compensation of ₹1,00,000 under Section 12 of the Domestic Violence Act in 2015 – Respondent-husband filed an application under Section 25 for revocation of the order, alleging the appellant was employed and not in need o...
Domestic Violence – Maintenance and Compensation – The appellant (wife) filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking maintenance and compensation – The Magistrate awarded Rs. 12,000 per month as maintenance and Rs. 1,00,000 as compensation – The respondent (husband) did not challenge this order, which attained finali...
Family Law – Maintenance and Marriage Expenses – Appeal against the judgment and decree of trial court awarding Rs. 2,000 per month towards maintenance and Rs. 5,00,000 towards marriage expenses under Section 20 of the Hindu Adoption and Maintenance Act, 1956 – Plaintiff, the daughter of the defendant, sought maintenance and marriage expenses, claiming that the defendant, her fat...
Family Law – Dismissal for Non-payment of Interim Maintenance – Rule 9, Order IX of CPC – The appellant's divorce petition was dismissed by the Family Court due to non-payment of interim maintenance in a prior proceeding – The Family Court dismissed the current petition on the same basis, invoking Order IX, Rule 9 of the CPC – Held: The Family Court erred in apply...
Criminal Law – Maintenance under Section 125 CrPC – Interim Maintenance Award – Revision petition filed against the order of the Trial Court granting ₹25,000/- per month as interim maintenance to the wife – The wife claimed that the respondent-husband earned more than ₹1,50,000/- per month and had stopped providing maintenance, while the husband contended that the wife ...