A. Hindu Marriage Act, 1955—Section 13(1)(i)—Evidence Act, 1872—Section 112—Divorce—Paternity—DNA test—Husband disputing paternity of child born during subsistence of marriage—DNA test directed by trial court—Held, DNA test may be ordered to aid adjudication of matrimonial dispute, including allegation of infidelity—However, it cannot be used to declare child illegitimate unless presumption under Section 112 is rebutted by proof of non-access. [Paras 12–13, 17] B. Evidence Act, 1872—Section 112—Presumption of legitimacy—DNA evidence—Strong statutory presumption in favour of legitimacy of child born during marriage—Held, such presumption can be displaced only by clear proof of non-access—DNA test alone insufficient to rebut presump...

A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Divorce—Cruelty—Allegations of erratic behaviour, abusive conduct, public humiliation and emotional blackmail—Family Court rejected claim on technical grounds—Held, mental cruelty to be assessed cumulatively—Incidents within matrimonial home need not always be corroborated—Erratic and abnormal conduct disturbing mental peace constitutes cruelty. [Paras 49–56] B. Hindu Marriage Act, 1955—Sections 13(1)(iii) and 13(1)(i-a)—Withdrawal of ground—Effect—Ground of unsoundness of mind withdrawn by husband—Held, allegations of cruelty independently pleaded and not intrinsically linked—Withdrawal of one ground does not defeat independent claim for cruelty. [Paras 50–51] C. Family Courts Act,...

A. Medical Termination of Pregnancy Act, 1971—Sections 3(2)(b), 3B—Medical Termination of Pregnancy Rules, 2003—Rules 3-A, 5—Termination of pregnancy—Advanced gestational age—High Court granted permission for termination of pregnancy at 33–34 weeks of gestation in view of significant fetal abnormalities and substantial risk of severe handicap and long-term morbidity—Medical Board opined that continuation of pregnancy posed serious physical and mental risks—Considering parents’ request for feticide in utero, Court permitted termination to be conducted at a tertiary care centre as recommended by the Medical Board. [Paras 7–16] B. Medical Termination of Pregnancy Act, 1971—Section 3(2)—Amendment Act, 2021—Fetal abnormalities—Statutory framework, post...

A. Criminal Procedure Code, 1973—Section 125—Protection of Women from Domestic Violence Act, 2005—Section 12—Interim maintenance—Purpose of grant of interim maintenance is to ensure that the aggrieved spouse is not subjected to undue financial hardship during pendency of litigation—Income tax returns of the respondent-husband can be considered for determining the quantum—Interim maintenance enhanced from Rs.7,000/- to Rs.10,000/- per month—Interim maintenance is tentative and provisional in nature and does not crystallize the final rights of the parties. [Paras 5–6] B. Maintenance—Interim maintenance—Object and nature—Object of interim maintenance is to prevent immediate hardship and financial deprivation to the claimant during pendency of proceedings—It does...

Negotiable Instruments Act, 1881—Section 143-A—Interim compensation—Scope and parameters—Grant of interim compensation under Section 143-A is discretionary and requires application of judicial mind—Court must prima facie assess merits of complaint and defence, consider plausibility of defence, financial condition of accused, and determine appropriate quantum—Failure to consider parameters laid down by Supreme Court renders order unsustainable—Order granting interim compensation set aside and matter remanded for fresh consideration. [Paras 3, 4] ...

A. Negotiable Instruments Act, 1881—Sections 8, 9, 118, 138, 139—Dishonour of cheque—Holder in due course—Proof—To maintain complaint under Section 138, complainant must establish that he is the “holder” or “holder in due course”—Mere assertion of being proprietor of firm/payee is insufficient without documentary proof—Where complainant fails to prove ownership of firm or nexus with cheque and underlying transaction, foundational facts not established and presumption under Sections 118 and 139 does not arise—Acquittal justified. [Paras 15, 16, 20, 21] B. Code of Criminal Procedure, 1973—Section 397—Revisional jurisdiction—Scope of interference—Revisional court cannot reappreciate evidence as appellate court—Interference warranted ...

The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, an employee who completes the prescribed probation period is deemed to have acquired permanency—In this case, an Assistant Teacher was orally terminated without notice or an opportunity of hearing, which amounted to a violation of the principles of natural justice—Evidence such as the seniority list and inspection reports established that the teacher had rendered continuous service and had attained deemed permanency—The School Tribunal therefore ordered reinstatement with continuity of service and consequential benefits—The matter was earlier remanded by the High Court for fresh consideration due to denial of hearing—However, despite receiving notice and multiple opportunities, the management failed to participate in th...

A. Employees Compensation Act, 1923—Sections 2(1)(d), 4, and 8—Dependents and legal heirs—Original claimant deceased during pendency of proceedings—Claim initiated by deceased dependent survives and may be continued by legal representatives or heirs—Legal heirs need not independently qualify as dependents to be impleaded and pursue the claim. [Paras 12–18] B. Employees Compensation Act, 1923—Sections 4 and 8—Welfare legislation—Objective to provide financial relief for employment-related accidents—Claim should not extinguish merely due to claimant’s death during pendency—Legal representatives permitted to step into claimant’s place to ensure justice and fulfill purpose of Act. [Paras 19] C. Employees Compensation Act, 1923—Sections 2(1)(d), 4, and 8&...

A. Industrial Disputes Act, 1947—Sections 10(1)(c), 12(5), 25B and 25F—Workman entitled to protection against illegal termination—Petitioner employed as sweeper for over 11 years, alleged payment below minimum wages, harassment, and termination without notice or retrenchment compensation—Reference made by Deputy Commissioner of Labour for adjudication of reinstatement and back wages. [Paras 2–4, 11–14] B. Evidence and burden of proof—Muster rolls, salary vouchers, duty list, and oral testimony produced as secondary evidence—Labour Court allowed reliance on such evidence, drawing adverse inference against respondent for non-production of records—Respondent denied employer-employee relationship; court held existence of employment relationship established on preponderance of probabilit...

A. Employees Provident Funds and Miscellaneous Provisions Act, 1952—Section 8F—Recovery from third parties—Third party filed affidavit denying liability under Section 8F(3)(vi)—Held, statutory protection afforded to such affidavit—Authority cannot compel payment unless it proves that the sworn statement was false in a material particular—Burden of proof lies on the authority; suspicion alone insufficient. [Paras 19–21] B. Employees Provident Funds and Miscellaneous Provisions Act, 1952—Section 8F—Recovery from third parties—Authority must demonstrate that third party either owes money to employer or holds money for/on behalf of employer—Legal relationship under which funds are held must be real and identifiable—Recovery cannot be based solely on suspicion. ...