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TURNING SHIELD OF PROTECTION INTO WEAPON OF DESTRUCTION: AN ACCOUNT OFSOCIO – LEGAL AND ECONOMIC TERRORISM IN THE INDIAN MATRIMONIAL DISPUTESDr. Mithun G. Kherde1st Year Student at RTMNU’s Dr. Babasaheb Ambedkar College of Law, NagpurINTRODUCTION“Nowadays there is a package of 5 cases against the husband and family members in family court and thecriminal court under I.P.C., the Hindu Marriage Act and the Protection of Women from Domestic Violence Act,2005”, observed the Hon’ble Justice Shri Vivek Rusia of the Madhya Pradesh High Court while pronouncingthe judgment dated 17-08-2023 in the case of Rajan Mathur Vs The State of Madhya Pradesh in…

Man, your many formsDr. Mithun KherdeResearch Scholar, Tata Institute of Social Sciences. You are father, brother, son, friend / buddy / companion, lover, husband, son-in-law, maternal uncle, paternal uncle, nephew, grandson, etc.You are a hardworking farmer, brick-kiln laborer, soldier, rickshaw driver, dentist, engineer, student, research scholar, etc. You run the family by working day and night, you educate daughters and sons.You give countless, unmentioned, undiscussed sacrifices quietly and naturally.You silently endure the decline from physical labor, mental stress, and social stigma,Quietly and naturally you are called so. If you cry you are called weak, if you fight you are called…

Atul Subhash Foundation: A Beacon of Justice Against False Allegations: In a world where justice often feels delayed—or entirely denied—the Atul Subhash Foundation stands as a powerful platform for truth, support, and systemic reform. Born out of tragedy, the foundation is committed to ensuring that no innocent voice is silenced by misuse of the law. Founded in memory of Atul Subhash, a brilliant software engineer whose tragic suicide in December 2024 shook the nation, the foundation highlights the devastating consequences of false allegations and deep-rooted failures within family law systems. His story is not just one of loss, but also…

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. – 2487 of 2024 Ankit Saha…..Revisionist(s) Versus State of U.P. and Another…..Opposite Party(s) Counsel for Revisionist(s) : Shreesh Srivastava, Sujan Singh Counsel for Opposite Party(s) : G.A., Nandini Mishra Court No. – 89 HON’BLE MADAN PAL SINGH, J. 1. Case called out in the revised call. None has appeared on behalf of the opposite party no.2 to press the present revision. Hence this criminal revision is being decided after hearing the arguments of learned counsel for the revisionist as well as learned AGA. 2. Heard Sri Sujan Singh, learned counsel for…

SUPREME COURT OF INDIA Jaiminiben Hirenbhai Vyas Vs. Hirenbhai Rameshchandra Vyas Crl.A.No.2435 of 2014 (J.Chelameswar and S.A.Bobde JJ.) 19.11.2014 JUDGMENT S. A. BOBDE, J. 1. Leave granted. 2. This appeal has been preferred by a wife and a minor daughter. The Family Court directed payment of interim maintenance to wife and minor daughter @ Rs. 6,000/- per month under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ˜Cr.P.C.™). Interim maintenance was also ordered under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the ˜H.M. Act™) @ 3,000/- per month payable…

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 21st August, 2023 Pronounced on: 12th September, 2023 + MAT.APP.(F.C.) 248/2019 & CM APPL.20720/2022 ABC ….. Appellant Through: Mr. Om Prakash Gulabani, Advocate with appellant in person. versus XYZ CORAM: ….. Respondent Through: Respondent in person. HON’BLE MR. JUSTICE SURESH KUMAR KAIT HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J 1. The appellant/ wife has challenged the Order dated 03.09.2019 of learned Principal Judge, Family Courts, dismissing her application for maintenance under Section 24 of Hindu Marriage…

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3559 OF 2020 (Arising out of SLP (C) No. 12910/ 2020 (Diary No.8161 of 2020) Smriti Madan Kansagra … Appellant Versus Perry Kansagra … Respondent J U D G M E N T INDU MALHOTRA, J. Leave granted. 1. The present Appeal arises out of a Guardianship Petition filed by the Respondent­father under Section 7, 8, 10 and 11 of the Guardian and Wards Act, 1890 for the custody of the minor child­Aditya Vikram Kansagra, before the District Courts, Saket, New Delhi. 2. The Appellant­mother Smriti is an Indian citizen, who was a practicing lawyer prior to her marriage to the Respondent Perry, in New Delhi. The Respondent­father Perry is of Indian origin, and Gujrati descent, whose family shifted to Kenya and settled there since the last three generations, when his grandfather migrated in 1935. Perry and his family have been settled in Kenya, where they have established a vast business establishment in Kenya 1 and U.K., and Perry holds a dual citizenship of Kenya and the U.K. 3. Prior to marriage, Smriti and her mother visited Kenya for a week to see the place, and satisfy themselves of the family background, social and financial status, and lifestyle of Perry and his family. 4. Smriti got married to Perry on 29.07.2007 at New Delhi. After marriage, Smriti shifted to Nairobi, Kenya and settled in her matrimonial home. 5. In 2009, Smriti returned to India for childbirth. The son Aditya Vikram Kansagra was born on 02.12.2009 at New Delhi. Even though the child was an Indian citizen by birth, a considered decision was evidently taken by his parents, that he would hold a dual citizenship of Kenya and UK. On 01.07.2010 about six months after his birth, Aditya went to Kenya with his parents. Smriti lived with Perry in Kenya for 5 years after her marriage, and occasionally visited Delhi since her mother lives in India. In February 2012, the entire family had gone to see a school in Kenya, where Aditya would be …

The Practical Lawyer Ashish Ranjan v. Anupma Tandon, (2010) 14 SCC 274 Family and Personal Laws Child Custody Consent/Compromise order regarding – Modification/Review of – Maintainability of application seeking – Held, modification/review of such consent order can be sought by a party under subsequent substantially changed circumstances which rendered consent order wholly unworkable – Hence application of petitioner husband herein, seeking modification of such consent order, maintainable, (2010) 14 SCC 274-A Family and Personal Laws Child Custody Supreme Court’s order passed on basis of compromise between parties – Non-compliance – Contempt of court – Punishment for, when not warranted -…