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...
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 ...
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...
Maintenance – Assessment of Income – Section 125 CrPC – Income Assessed on Basis of Minimum Wages – Maintenance Awarded – The petitioner claimed that his income was incorrectly assessed as ₹16,000 per month by the Family Court, which relied on Delhi's minimum wage standards despite the petitioner being employed in Uttar Pradesh. Held: In matrimonial disputes, pa...
Family Law – Divorce by Mutual Consent (Mubara'at) – Appeal allowed – Appellant sought declaration of her divorce by mutual consent (Mubara'at) under Muslim Personal Law – The marriage was solemnized in 1984, with mutual separation occurring in 1990 – The couple mutually agreed to divorce in 1999 and executed a notarized “Talaqnama Tehreer” in 2000...
Jurisdiction – Guardianship of Minor – Section 9 of Guardians and Wards Act – The petitioner challenged the maintainability of the guardianship suit before the Ranchi Family Court, arguing that the minor ordinarily resides in Delhi – The trial court rejected the application under Order 7 Rule 11 CPC, stating that jurisdiction was a mixed question of law and fact to be deter...
Ancestral Property and Ownership Claims – Petitioners asserted that the property in dispute, allotted to their grandfather in 1974, was ancestral and a shared household – Contention rejected as petitioners never challenged the mutation of the property in the name of their father Jagdish Prasad in 1992-93 – Held: Petitioners’ claim of shared ownership barred by law of limita...
Facts:
Aishwarya Atul Pusalkar, the appellant, sought to enforce her right to reside in her matrimonial home, which was comprised of two flats in a redeveloped building. The building's reconstruction was undertaken under the Maharashtra Housing and Area Development Act, 1976, with provisions for rehabilitation of displaced occupants.
Issues:
Whether the appellant's cl...