Live-In Relationship – Domestic Violence – Maintenance Awarded – The applicant challenged the award of maintenance granted to respondent No. 1 and respondent No. 2 (a child) under the DV Act – Supreme Court held: The relationship between the applicant and respondent No. 1 fell within the definition of "domestic relationship" under Section 2(f) of the DV Act, as th...
Criminal Procedure – Maintenance – Ex Parte Order – Non-Compliance with Section 126(2) Cr.P.C. – The petitioner-husband sought to set aside the ex parte order of maintenance passed against him, arguing that the Family Court did not provide him with an opportunity to be heard and no proper notice of hearing was served – Held: The Family Court failed to establish that t...
Maintenance – Revision of Maintenance Order – Petitioner challenged the Family Court’s order to pay Rs. 30,000 per month as maintenance to his estranged wife – Contention included existing maintenance obligations totaling Rs. 22,000 per month and his deteriorating health and income capacity – High Court modified the maintenance to Rs. 15,000 per month – Emphasiz...
Divorce by Mutual Consent – Appearance through Video-Conferencing – Section 13-B of the Hindu Marriage Act – Physical Appearance Not Mandatory – Petitioners sought divorce by mutual consent while residing abroad. The Family Court refused to number the petitions citing procedural issues, including the insistence on physical appearance at the Indian Consulate for video-confer...
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...
Family Law – Appealability of Interim Custody and Visitation Orders – Section 19(1) of the Family Courts Act – The appellant challenged an order passed by the Family Court granting the respondent temporary custody and visitation rights over the minor child, arguing that the order was not interlocutory and therefore appealable under Section 19(1) of the Family Courts Act – H...
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...