Parole – Grounds for Granting – Convict sought parole to arrange finances and bid farewell to his son departing for higher studies abroad – Authorities rejected application citing pendency of appeal – High Court held pendency of appeal not a valid ground to deny parole – Rule 18 of Prisons (Bombay Furlough and Parole) Rules, 1959, interpreted to allow parole for signi...
Child Custody – Habeas Corpus Petition – Custody of Minor Child under Article 226 – Supreme Court’s Decision to Restore Custody to Maternal Family – Custody to be decided under Guardians and Wards Act (GW Act) – The Supreme Court held that the Madhya Pradesh High Court erred in ordering the custody of a minor child (2 years, 7 months old) to her father and pater...
Family Law – Divorce on Grounds of Cruelty and Desertion – Appeal by wife against the decree of divorce granted by Family Court on grounds of cruelty and desertion – Evidence showing refusal of wife to establish physical relationship and her voluntary departure from matrimonial home shortly after marriage – Wife lodged false dowry complaint against husband – No cohabi...
Maintenance – Limitation on Arrears – The petitioner challenged the order directing him to pay ₹1,20,000 in maintenance arrears, arguing that the claim was time-barred under Section 125(3) CrPC, which limits recovery of maintenance arrears to one year – The Court agreed, holding that the learned Magistrate had erred by ignoring the earlier order recognizing the time limitation ...
Family Law – Divorce on Grounds of Cruelty and Desertion – Appellant sought dissolution of marriage on the grounds of cruelty and desertion – Family Court dismissed the suit – High Court found that the long separation of over a decade and the absence of communication between the parties constituted mental cruelty – Respondent’s refusal to live with the appellant...
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...
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...
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...
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 ...
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...