A. Guardians and Wards Act, 1890—Sections 7 & 25—Hindu Minority and Guardianship Act, 1956—Section 6(a)—Code of Civil Procedure, 1908—Section 151—Constitution of India—Article 226—Visitation Rights—Welfare of Child—Custody of Minor—Petition against rejection of visitation rights by Family Court—Held, welfare of the child is the paramount consideration—A child of tender age requires the affection and presence of both parents—Mere pendency of criminal or matrimonial disputes is no ground to deny a natural father access to his child—Family Court’s apprehension of harm to mother and child without material held perverse—Order rejecting visitation set aside. (Paras 10–13, 20–21) B. Guardians and Wards Act, 1890—Sections...

Bharatiya Nyaya Sanhita, 2023—Sections 85, 115(2), 351(2), 3(5)—Hindu Marriage Act, 1955,Section 13(1)—Anticipatory bail—FIR lodged during pendency of divorce proceedings under S.13(1), HMA, 1955, alleged as counterblast—Considering circumstances and nature of offences, held, petitioner entitled to protection—Directed that on surrender within three weeks and applying for bail, petitioner be released on terms as fixed by trial court—Petitioner to cooperate with investigation. [Paras 2–6] ...

Hindu Marriage Act, 1955—Section 12(1)(a)—Petition for annulment of marriage—Writ petition seeking expeditious disposal of CP No.40/2024 pending before Family Court, Cuttack—Wife repeatedly sought adjournments for filing written statement and did not cooperate in conciliation, causing delay—Held, Family Court directed to proceed with trial expeditiously and conclude proceedings preferably within six months from 24.10.2025. [Paras 2–8] ...

Code of Civil Procedure, 1908—Section 24—Hindu Marriage Act, 1955, Section 13 (1) (i-a)—Transfer of matrimonial proceedings—Husband filed divorce petition (C.P. No.267/2025) before Family Court, Bhubaneswar; wife had already filed divorce petition (C.P. No.352/2025) before Family Court, Cuttack—Husband sought transfer of his case to Cuttack to avoid multiplicity and for convenience of wife—Held, law well settled that in matrimonial matters, wife’s convenience must be given primacy; also, where common questions of fact and law are involved, cases should be tried together to avoid conflicting decisions—Ordered transfer of C.P. No.267/2025 from Bhubaneswar to Cuttack, both cases to be tried analogously—Family Court, Cuttack directed to allow video conferencing when possible, except o...

Negotiable Instruments Act, 1881—Section 138—Evidence Act, 1872—Sections 45 and 73—Dishonour of cheque—Disputed signature on cheque—Application to send cheque to handwriting expert rejected by Trial Court—Validity of order—Held, Section 73 of the Evidence Act empowers the Court itself to compare handwriting or signatures but does not provide a mechanism for either party to seek expert examination as of right—For such purpose, recourse must be taken under Section 45 of the Evidence Act—However, where the accused disputes the signature on the cheque, the matter goes to the root of the case and denial of opportunity to lead expert evidence would prejudice the defence—Trial Court erred in rejecting the application without permitting the accused to examine an expert at his own c...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Inherent Power of High Court—Quashing of Charge Framing Order—Where the accused was not given an opportunity to file a discharge application before the framing of charge, it amounts to violation of due procedure and the right to a fair trial—The High Court, exercising inherent powers under Section 528, rightly quashed the charge framing order on these grounds. (Paras 1, 3, 7, 31, 32) B. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 250(1) and 262(1)—Discharge Application—Time Limit—In matters before Special Courts under special statutes like the POCSO Act, the statutory 60-day period for filing a discharge application may be computed from the date of supply of documents and police papers, not from cognizance or first appear...

A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of Charge Sheet and Cognizance Order—Disproportionate Assets Case—Sale of Properties During Check Period—Where properties included in the charge sheet were sold during the check period but the investigating agency failed to verify their status, dismissal of the prosecution at the initial stage by the accused is not justified—The prosecution bears the burden to establish a prima facie case on correct factual matrix—Inclusion of disposed properties without adjustment amounts to a defective charge sheet—Quashing of charge sheet and cognizance order allowed due to apparent defects, with liberty for fresh investigation. (Paras 11, 12, 27, 28, 30) B. Criminal Procedure Code, 1973 (CrPC)—Section 482—Duty of Investigating Ag...

Hindu Marriage Act, 1955—Section 13(1)(i-a)—Special Marriage Act, 1954—Section 27—Divorce—Permanent alimony—Family Court, Bhubaneswar granted decree of divorce in common judgment in wife’s petition under S.27, SMA and husband’s petition under S.13(1)(i-a), HMA, directing husband to pay ₹1.5 crore as permanent alimony—Husband challenged quantum as exorbitant—High Court, while issuing notice, directed appellant-husband to deposit ₹30 lakh before Court within six weeks in installments; deposit to be invested in short-term nationalised bank deposit—On such deposit, operation of impugned judgment to the extent of permanent alimony stayed—Matter listed for compliance. [Paras 2–7]  ...

A. Civil Procedure Code, 1908—Order 6 Rule 17—Amendment of Pleadings—'Due Diligence' Requirement—In suits instituted prior to the 2002 amendment of Order 6 Rule 17 CPC, the requirement of demonstrating 'due diligence' for seeking amendment does not apply—Rejection of amendment solely on the ground of want of due diligence is unsustainable for pre-amendment suits—The High Court correctly relied on Supreme Court precedents to hold that such procedural bar cannot be retrospectively applied. (Paras 7, 9, 10, 11) B. Civil Procedure Code, 1908—Order 6 Rule 17—Nature and Scope of Amendment—An amendment that seeks to introduce a fundamentally different case, especially at an advanced stage of proceedings, may be disallowed if it alters the nature of the suit and necessitates...

A. Civil Procedure Code, 1908 (CPC)—Section 100—Second Appeal—Issues—Substantial questions of law were formulated concerning the reversal of the trial court’s judgment without proper discussion of evidence, non-consideration of key documents, binding effect of a Rafa-nama, principles of estoppel, and adverse inference—The second appeal addressed these interrelated legal questions. (Paras 12, 14) B. Property Law—Partition—A person’s exclusive self-acquired property cannot be partitioned or distributed by him among his children who do not have any pre-existing share—A father’s act of partitioning his sole ownership property among sons without prior entitlement is legally invalid. (Para 19) C. Property Law—Sale Deed—Validity of Sale—A sale deed executed...