Delhi High Court upholds custody transfer to father on ground of sustained “parental alienation” by mother
“Where a child is repeatedly exposed to fear or hostility towards one parent, such an environment can adversely affect the child’s welfare.”
Justice Harish Vaidyanathan Shankar
Partition suit pleading acquisition from joint family funds cannot be rejected at threshold, must go to trial: Delhi High Court
“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”
Delhi High Court: Appointment of SEBI Adjudicating Officer is administrative; Does not require a prior, reasoned recorded opinion
“Formation of opinion under Rule 3 of Securities and Exchange Board of India Adjudication Rules need not be expressly recorded at pre-notice stage.”
Customary Divorce to be proved with cogent evidence; Delhi HC holds Second Marriage void after woman fails to prove Customary Divorce from Prior Marriage
Section 29(2) of the Hindu Marriage Act, 1955 protects only valid customary divorces, and in the present case the evidence was insufficient in law to prove either the existence of such a custom in the community or the factum of her own divorce.
Delhi High Court: Profits earned from illegal cricket betting can be attached as ‘proceeds of crime’ under PMLA
The petitioners were engaged in large scale hawala transactions and illegal international cricket betting that were conducted through a Super Master Login Id and by creating subordinate Ids for individual bettors and earning commission.
AIIMS not obligated to pay stipend to PG students admitted under ‘foreign national’ category: Delhi High Court
The respondents had been admitted in various post graduate courses under the ‘Sponsored/Foreign Nationals’ category through a prospectus specifying that the candidates admitted under this category would not be entitled to emoluments.
‘Hearing accused public servant before directing investigation mandatory under Sec. 20 of Lokpal Act’: Delhi HC
“The language employed in Section 20(3) of the Lokpal Act is peremptory and admits of no discretion. The legislative intent is that the prima facie satisfaction necessary for directing an investigation under the Act must be reached only after considering the explanation of the concerned public servant.”
Apathy towards aged in-laws, prolonged denial of intimacy and false complaints against husband amounts to cruelty: Delhi HC
“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”
Sisters relinquishing rights of co-owned property in brother’s favour not gift under Stamp Act: Delhi High Court
“The sisters executed the Relinquishment Deeds (‘RD’) to release their share in favour of their brother, and there was no economic consideration exchanged at the time of the execution. All the RDs were basically acknowledging the bequest made by the father in favour of his son.”
Court can implead husband’s paramour and seek mobile location of spouse in adultery cases: Delhi High Court
By allowing production of documents directly pertinent to the issues in dispute, the Court ensured the wife’s access to necessary evidence, while avoiding unnecessary intrusion into unrelated financial matters. Such a calibrated approach aligns with the principle of proportionality and prevents the discovery process from becoming a fishing expedition.
Criminal Contempt: Delhi High Court imposes One day imprisonment and Rs. 2000 fine for 12 for brutally assaulting 11 Advocates in Kolkata
“Interfering with the work assigned to the Advocate Commissioners amounts to interference in the administration of justice. If such of those persons who have interfered with the administration of justice are not dealt with heavy hands, the majesty of law will come down in the eyes of ordinary citizens which will have a deleterious effect on the fabric of the society.”
Right to Residence under Domestic Violence Act ends upon divorce, unless a contrary statutory right persists : Delhi High Court
“A plain reading of Section 17 DV Act confers upon every woman in a domestic relationship the right to reside in the shared household, irrespective of whether she has any right, title or beneficial interest in the same. However, it does not create a proprietary interest in the property and is subject to lawful eviction in accordance with due process.”
Share apportioned by a Family Settlement Agreement cannot be modified by Builder’s Agreement: Delhi High Court
“Once, by virtue of the Memorandum of Family Settlement, the respective shares of the family members were identified, the Builders’ Agreement, which is essentially an agreement to construct the building, will not result in its modification or novation.”
Delhi High Court upholds order dismissing default bail to UAPA accused allegedly involved in propagating ISIS ideology and radicalizing youth
The Trial Court has categorically observed that the investigation progressed substantially during the extension of the accused persons’ detention and the investigation had not been stagnant.
Delhi High Court permits two persons allegedly involved in Rs 1626 crore bank fraud case to travel abroad
The right to travel has been held by the Supreme Court as an integral part of the fundamental right to life under Article 21 of the Constitution, and any restriction of the same without sufficient cause, would amount to a violation of his fundamental rights.