Inheritance Rights - The Legal Chamber

The Supreme Court held that the High Court erred in quashing criminal proceedings under Sections 120B, 415, and 420 IPC against respondents for allegedly fabricating a partition deed and family tree to exclude daughters from property compensation. It ruled that pendency of civil suits does not bar criminal prosecution if a prima facie case exists. The Court emphasized that criminal conspiracy and cheating must be tried independently, reinstating the trial court’s proceedings. The judgment reaffirms that civil and criminal remedies can coexist, ensuring accountability for fraudulent deprivation of property rights. Facts Of The Case: The case revolves around a dispute over compensation amounting to ₹33 crores awarded by the Bengaluru Metro Rail Corporation for ancestral land purchased by K...

The Supreme Court enhanced the appellant-wife's permanent alimony to ₹50,000 per month with a 5% increase every two years, modifying the High Court's order. The Court held the previous alimony inadequate given the respondent-husband's income and the appellant's need to maintain her standard of living. Financial support for the 26-year-old son was not mandated. Facts Of The Case: Rakhi Sadhukhan (appellant-wife) and Raja Sadhukhan (respondent-husband) were married on June 18, 1997, and had a son on August 5, 1998. In July 2008, the respondent-husband filed Matrimonial Suit No. 430 of 2008 seeking divorce on grounds of cruelty. The appellant-wife then filed Misc. Case No. 155 of 2008 for interim maintenance, and the Trial Court awarded her ₹8,000 per month and ₹10,000 for litigation expens...

Tag: Inheritance Rights

No Civil Suit Barrier: Supreme Court Rules Criminal Trial Must Proceed in Land Scam Case

Husband’s Income vs Wife’s Rights: Supreme Court’s Decision on Permanent Alimony”