Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Matrimonial Dispute and Counterclaim - The petitioner sought return of stridhan in her written statement in a matrimonial case against the respondent - Counterclaim dismissed by the Family Court - Petitioner appeals under Article 227 [Para 2].
Misapplication of Procedural Law - Petitioner's counsel argued that Family Court misconstrued Order VIII Rules 6A to 6D of the Code of Civi...
Matrimonial Discord & Divorce – Marriage solemnized on 25.01.2011, parties separated since 06.09.2011 – Appellant's plea for divorce on grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, previously dismissed by Family Court along with respondent's plea for Restitution of Conjugal Rights under Section 9 of the same Act – High Court revis...
Alleged Non-Disclosure and Health Issues – Appellant's contention that respondent concealed her age and health condition; trial court finds lack of substantive evidence – Inadequate proof of respondent's pre-marriage surgery and health condition; appellant's claims uncorroborated by documents – Allegations deemed as cruelty towards respondent [Paras 3, 5, 30].
Alle...
Recovery of Arrears of Maintenance – Enforcement against Deceased's Estate – Criminal Revision Petition challenging the first appellate court's decision to allow recovery of maintenance arrears from deceased's assets – Trial court dismissed maintenance enforcement against deceased – Appellate court allowed recovery from deceased’s assets, including service...
Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...
Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].
Trial Court Decision – Partial Decree – Possession Pro...
Marriage and Divorce - Appeal challenging Family Court's decision on property ownership - Facts surrounding the purchase of disputed Juhu Flat and tenancy of Cuffe Parade Flat - Family Court's dismissal of Mrs. Rajeshri V. Mahesh's judicial separation petition and decree of divorce in favor of Respondent, based on grounds under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage A...
Jurisdiction of Family Courts – Suit for Possession/Injunction – Contested issue of Family Court's jurisdiction over suits for possession or injunction filed by in-laws claiming property ownership and involving daughter-in-law – Family Courts Act, 1984, Sections 7(1)(d), 8 – Civil Procedure Code, Section 9 – Held, such disputes incidentally indicating matrimonial ...
Modification of interim maintenance under Section 24 of the Hindu Marriage Act, 1956 - Original order directed the Husband to pay Rs.66,000/- per month cumulatively to Wife and daughters following a divorce petition - Husband seeks modification citing elder daughter’s majority and employment in the USA, reduction in his salary, and personal financial constraints, including increased re...