Litigation Costs and Maintenance Pendente Lite - High Court reviews orders concerning payment of litigation costs and adjustments of maintenance payments - Considers legal provisions under Section 24 of the Hindu Marriage Act, 1955, and precedents set by the Supreme Court for determining maintenance and litigation expenses - Litigation costs should be prioritized and awarded from the outset of pro...
Family Law - Divorce - Appeal against Family Court’s judgment dismissing divorce petition based on alleged cruelty by the wife - Family Court found no sufficient evidence of cruelty or dowry harassment by respondent; however, High Court reverses decision, citing mental cruelty due to false criminal accusations and prolonged legal battle - Held, marriage irretrievably broken, decree of divorc...
Quashing - Family Dispute and Criminal Proceedings – The petitioner, a professional doctor, faces charges under Section 498A IPC, based on allegations by his wife of mental torture and threats – Court observes the allegations are general and do not specifically contribute to the ingredients of cruelty as defined under the law – Proceedings perceived as part of a longer matrimonia...
Constitutional Law – Right to Life and Personal Liberty – Petitioners, fearing threats from private respondents after marrying against their wishes, seek protection under Article 21 – Court finds it appropriate to provide temporary police protection without adjudication on the merits of the threat perception – Police protection granted for one week, extendable on a day-to-d...
Muslim Law – Maintenance and Stridhan – Overlapping claims under Section 125 Cr.P.C. and Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 concerning maintenance and dowry-like gifts – Conflicting judgments in concurrent proceedings leading to multiple claims by the wife for maintenance and dowry return – High Court, applying Supreme Court guidelines...
Family Law – Divorce – Grounds of Cruelty and Desertion – Cruelty – Allegation of False Dowry Complaint: The husband (Appellant) claimed that the wife (Respondent) lodged a false dowry complaint against him, constituting cruelty. However, the court noted that no evidence, such as a copy of the complaint, was provided to substantiate this allegation. Moreover, the wife&rsquo...
Criminal Law - Quashing of Charge Sheet - Revisional application under Sections 401 and 482 CrPC - Allegation of inducing cohabitation under false promise of marriage - Petitioner accused of deceiving married woman into sexual relations by promising marriage upon securing employment - Charge sheet filed for offenses under Sections 417 and 376 IPC - High Court reviewed submissions, evidence, and pr...
Factual Background and Trial Court Proceedings – Revisionist, the father-in-law of the respondent, asserts ownership over the property through a chain of transfers culminating in a set of documents dated 27.07.1998 – Conflict arises post marital discord between respondent and revisionist’s son, leading to respondent’s alleged trespass – Initial suit for injunction and...
Domestic Violence and Maintenance – The High Court, reviewing lower court decisions that denied maintenance to a qualified but unemployed wife under the Protection of Women from Domestic Violence Act, 2005, held that educational qualification alone does not disqualify a spouse from claiming maintenance if they lack independent income - The court emphasized that the wife’s capability to...
Marriage and Misappropriation of Assets – Maya Gopinathan (Appellant) appeals against High Court’s partial reversal of Family Court’s judgment which had favored her claims of misappropriation of jewelry and a monetary gift by Anoop S.B. (First Respondent) and his late brother (Second Respondent) – Family Court had originally awarded compensation for 89 sovereigns of gold an...