Hindu Law – Succession – Legitimacy of Children – Writ petition by widow and daughters of a deceased employee claiming retiral benefits – Marriage of appellant No.1 during subsistence of first marriage – Marriage void – Daughters born out of void marriage deemed legitimate for succession – Appeal allowed to the extent daughters entitled to father's est...
Criminal Procedure - Transfer of Case - Convenience of Wife – Held, it is well settled that the convenience of the wife is paramount in considering the transfer of cases. The petitioner, having no independent source of income and a minor school-going daughter, faces difficulty in attending court proceedings at Ropar, 80 km from Ludhiana. The petition is allowed, and the criminal complaint is...
Family Law – Appeal against Decree of Restitution of Conjugal Rights and Dismissal of Divorce Suit – Appeal Allowed – Marriage Irretrievably Broken Down Due to Cruelty by Wife – Allegations of Dowry Demand Found to Be False – Divorce Granted – The appellant, Basant Kumar Dwivedi, challenged the decree for restitution of conjugal rights and the dismissal of his d...
Family Law – Transfer of Matrimonial Proceedings – Application for transfer of Marriage Petition filed by the Respondent Husband from Family Court, Bandra, Mumbai, to the Court of Civil Judge, Senior Division, Pune, by the Applicant Wife – Application allowed – High Court emphasized the convenience of the wife, especially considering her employment transfer to Pune and lack...
Live-in Relationship – Protection of Life and Liberty – Petitioners, a minor girl aged 14 years and 8 months, and a 20-year-old boy, sought protection from their families – Held, legitimacy of live-in relationships requires certain conditions – Court found petitioners' claim of live-in relationship unsupported due to minor status of petitioner No.2 – Directed SSP,...
Constitutional Law – Habeas Corpus – Child Custody – Petition under Article 226 for habeas corpus seeking custody of minor child – Petition resisted due to the petitioner’s treatment for personality disorder and availability of alternative remedy under the Guardians and Wards Act – Court held that while habeas corpus is maintainable for child custody, the detail...
Family Law - Child Custody - Welfare of the Child -Writ of Habeas Corpus under Article 226 of the Constitution seeking release of minor daughter—Petitioner married in India, daughter born in India, family moved to Canada—Matrimonial discord led to wife moving back to India with the minor—Foreign court judgment not binding—Dominant factor is the welfare of the child—He...
Habeas Corpus – Child Custody – Legal and Proper Detention – Petition for habeas corpus seeking release of minor son aged 14 years – Child living with grandfather and uncle since birth – Court held writ of habeas corpus maintainable only if custody is illegal or improper – Direct interaction with the child showed he was happy living with his grandfather and did ...
Habeas Corpus – Minor Marriage – Release of Detenue – Detenue aged 17 and a half years asserted marriage with respondent and desire to live with him – No FIR registered against detenue or her husband – Marriage not void but voidable at detenue's option – Even without proof of marriage, partners entitled to live-in relationship – Prosecution not justifi...
Habeas Corpus – Custody of Minor Child – The High Court ruled in favor of the petitioner, the natural mother, granting her custody of the minor child. The Court held that the welfare of the child is paramount, and in this case, the mother, who is a well-educated government servant, is better suited to ensure the child's welfare compared to the grandparents who have no regular incom...