Adoption Law - Cross-Border Adoption and Legal Recognition in India – Petitioners, Indian citizens residing in Kenya, adopted a child in Uganda and sought legal recognition of adoption in India [Paras 2, 3, 9].
CARA’s Inaction on Legalization Request – Petitioners approached CARA for legal sanctity in India but received no definitive response, leading to this petitio...
Criminal Law – Domestic Violence - Domestic Violence in USA and India – Allegations of physical, verbal, and emotional abuse, and economic deprivation from 1994 to 2017 – Incidents corroborated by family members – Admission of domestic violence incident in USA in 1999 – Sustained mental torture and emotional distress established. [Paras 4, 5, 8-13, 17-24, 71, 72]
C...
Quashing of Conviction and Sentence - Criminal Revision against Judgment of Lower Courts - Petitioner convicted under Sections 498A IPC and 4 of Dowry Prohibition Act - Allegations of demand for Rs. 10,000/- for maintenance of child - Complainant alleged harassment by petitioner and matrimonial relations for non-fulfillment of demand - Evidence of four witnesses examined, including complainant and...
Domestic Violence and Maintenance – Grant of interim maintenance of Rs.60,000/- per month to Respondent No.2 (daughter-in-law) by Additional Sessions Judge under the Protection of Women from Domestic Violence Act, 2005 – Challenged by the mother-in-law (Petitioner) on grounds of non-existence of domestic relationship and ownership of properties via Will – Issue of entitlement and...
Marital Discord and Subsequent Legal Proceedings – Application for quashing FIR No. 96 of 2023 under Sections 269, 498-A, 34 IPC, and subsequent charge-sheet and RCC No. 1670 of 2023 – Accusations against husband (applicant no. 1) and his father (applicant no. 2) by the wife (respondent no. 2) for deceit regarding a contagious disease and harassment for dowry [Paras 2, 3, 4, ...
Maintenance Awarded by Family Court – Challenged by Husband – Family Court ordered husband to pay Rs. 40,000/- monthly for wife and daughter maintenance – Husband’s revision application under Section 397 read with Section 401 of Cr.P.C. claiming inability to pay and contesting wife’s ability to earn – [Para 1, 2, 4]
Assessment of Maintenance –...
Matrimonial Law – Divorce by Mutual Consent – Withdrawal of Consent – case concerning the withdrawal of consent for divorce by mutual consent under the Divorce Act was examined. The primary focus was on the validity and effects of withdrawing consent after partial compliance with the terms of a mediation agreement. [Para 2, 3, 13, 20]
Interpretation of Mutual Consent...
acquitted the appellants - reversing the trial court's conviction under Sections 498-A, 306, 34 of the Indian Penal Code (IPC). The appellants were charged with cruelty and abetment to suicide concerning the death of Shobhabai. The key evidence Criminal Law – Abetment of Suicide and Cruelty – Acquittal on Appeal – included two dying declarations and oral testimonies of ...
Family Law and Maintenance – Section 125 Cr.P.C. - Revision of Maintenance Award – revision petition against an order of maintenance awarded under Section 125 of Cr.P.C., focusing on the allegation of the petitioner living in adultery and its effect on the entitlement to maintenance. [Para 1, 16-17, 20]
Adultery and Maintenance Entitlement – Examined – Held tha...
Family Law – Hindu Marriage Act – Dissolution of Marriage – Court examined whether a marriage under the Hindu Marriage Act can be dissolved through a compromise in proceedings under Section 125 Cr.P.C. The court considered the legitimacy of a second marriage and its impact on family pension rights. [Para 3-5, 9-11]
Marriage Dissolution Procedure – held – ...