Transfer Petition – Inconvenience of Travel – The petitioner, a resident of Hyderabad, sought the transfer of divorce proceedings from Nirmal to Hyderabad, citing difficulty in traveling from Hyderabad to Nirmal with a minor child – The respondent contended that the petitioner resides in Nirmal and falsely claimed Hyderabad as her residence to file a dowry harassment case –...
Ex Parte Order in Maintenance Case – Non-Appearance of Petitioner – Section 125 CrPC – The petitioner challenged the ex parte order passed by the Family Court, directing him to pay maintenance of Rs. 10,000 per month to his wife – Petitioner contended that no proper notice of hearing was served, and the Family Court failed to observe whether his absence was wilful – H...
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...
Maintenance under Section 125 Cr.P.C. – Enhancement of Maintenance – The petitioner, an elderly mother, sought enhancement of the maintenance amount awarded by the Family Court – She argued that the current maintenance of ₹2000/- was insufficient for her needs, including medical expenses – Held: The court found that the petitioner was receiving a family pension and intere...
Family Law – Divorce on Grounds of Cruelty – Appeal under Section 13(A) of the Hindu Marriage Act – The appellant, Shweta Singh, sought a divorce on grounds of cruelty, alleging that the respondent demanded dowry, assaulted her, and refused to consummate the marriage – The trial court dismissed the divorce petition, stating that the allegations did not meet the legal criter...
Family Law – Appeal for Declaration of Matrimonial Status – Appeal under Section 19 of the Family Court Act 1984 – The appellant, Smt. Hasina Bano, filed an appeal against the dismissal of the suit by the Family Court, Jhansi, seeking a declaration of her matrimonial status as "divorced" by mutual consent (mubara’at) under Muslim Personal Law – The trial cou...
Family Law – Divorce – Cruelty – Vague Allegations – Petition Dismissed – The appellant failed to establish specific instances of cruelty to support his divorce petition. The allegations were vague, lacking in detail about the time, place, or nature of the acts. The court concluded that no concrete evidence of cruelty was presented, and the appellant failed to dischar...
Family Law – Maintenance – Quantum of Maintenance – Reduce Maintenance - The wife filed an application under Section 125 Cr.P.C. seeking maintenance, claiming the husband, employed as a vice president in Citi Bank Dubai, was earning a substantial income – The Family Court awarded interim maintenance of ₹60,000 per month to the wife – The husband contested the amount...
Maintenance under Section 125 Cr.P.C. – Revision against Family Court order – Respondent wife and son filed application for maintenance alleging dowry harassment, cruelty, and non-consensual acts – Family Court directed revisionist to pay 25,000/- to wife and 20,000/- per month to son – Revision dismissed, upholding Family Court’s order [Paras 1-9, 26-29].
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Hindu Marriage Act, 1955 – Divorce Granted – Grounds of Cruelty and Desertion - The appellant alleged that the respondent-wife insisted on moving to her parental home and later deserted him without consent - The respondent claimed harassment and demand for dowry - The Court noted the absence of denial by the respondent that she left the matrimonial home and the omission to explain the ...