FIRST LAW

ALLAHABAD HIGH COURT  | Sudhir Agarwal & Rajeev Misra, JJ. Delivered on : September 13, 2019

The Family Courts Act, 1984 - The Hindu Marriage Act, 1955 - Section 13(1)(i) and (ia) - The petition was filed alleging adultery and cruelty - Petition was presented by power of attorney holder - Insofar as there is specific provision under the Code of Civil Procedure enabling a petition to be filed through a power of attorney holder, there is nothing wrong in the Family Court entertaining an application even though it is filed through power of attorney holder. The provisions of CPC squarely applies to matters that are entertained by Family Court as well.

Guardians and Wards Act, 1890 - Section 17 - A case involving dispute on rival claims for custody of minor wards cannot be decided like a case involving rival claims as to property or assets of the spouses.

Family Law - Return of Gold Ornaments - Husband not raised any dispute regarding the quantity of gold ornaments - without disputing the actual quantity, he pleads ignorance of the quantity of the gold ornaments - gone to the extent of saying that he does not even know whether those were imitation or gold - It is only a vague denial and not very specific.

Family Law - Marriage between the parties as per Christian religious rites and ceremonies -  ₹ 1 lakh was paid at the time of betrothal - Return of Gold Ornaments and Money - Family Court rejected the claim for return of gold ornaments, but granted a decree for return of ₹1 lakh with interest at the rate of 7% per annum from the date of petition till realisation - It is a practice among the members of the community that money and gold ornaments are given to a bride as parental share. It of course depends upon the socio-economic condition of each and every person - Appeal Dismissed. 

1. Ashok Kumar v. Jyoti, 2018 KHC 2845 Raising wild allegations against the spouse of having illicit relations with an office colleague, per se casting a slur on the character, integrity and morality of the spouse, constitutes cruelty without further more.

Special Marriage Act, 1954 -  Ss. 27 & 28 - Divorce on Mutual Consent - A  joint application under Section 28(2) of the Act of 1954 is maintainable if the same is filed in a pending proceeding.

Special Marriage Act, 1954 -  Ss. 24, 25 & 29 - A nnulment of a Marriage by a Decree of Nullity -  Restriction on petition for divorce during first one year after marriage -  the restraint under Section 29 of the Act on entertaining a petition for divorce within a period of one year from the date of marriage, does not apply to a petition for    declaration of nullity of marriage under Section 24 of the Act or a petition seeking annulment of marriage by a decree of nullity under Section 25 of the Act.

Hindu Marriage Act, 1955 - Section 13(1)(ia) - Cruelty - False Allegations about having illicit relations with Bhabhi - Leveling of false allegations of illicit relations of such nature and magnitude causes mental pain, agony and suffering to the husband. Such allegations causes profound and lasting disruptions in the relationships and also causes deep hurt and reasonable apprehension that it would be dangerous to live with a wife, especially when she is also threatening to commit suicide. Held:- It is also settled law that while appreciating the evidences in these matters, it is the totality of the circumstances which are to be considered. The contemporaneous nature of evidences is important. The Family Court had arrived at the conclusion that the husband has succeeded in proving the facts that the appellant was abusive and was in the habit of picking up quarrel frequently and has also threatened to commit suicide and has implicated the husband and his family members in the ...

Code of Civil Procedure, 1908 -  Section 60 -  Attachment of Salary -  Monthly contributions to State Life Insurance Scheme and Group Insurance Scheme and Life Insurance Corporation cannot be excluded in reckoning the attachable portion of salary.

Partition Deed can be entered into between the parties who are joint owners of the property. In case the father wanted to give property to his sons, of which he was absolute owner, it could be done by will or by means of gift deed/donation etc. The High Court was, therefore, right in observing that such a partition deed has to be construed either a gift deed or family settlement.

Constitution of India, 1950 - Article 226 - Habeas Corpus - Custody of Child - Return of the Child - Manner in which habeas corpus jurisdiction is to be exercised.