Family Law Judgements

Displaying 1 - 10 of 107 in 11 pages

SC: Guidelines in 498A cases

 03 July 2014

Emphasing the fact that Section 498-A is a cognizable and non-bailable offence which has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives the Supreme Court bench com

Posted in Family Law 25 comments |   5982 hits


Non-consummation of marriage during the honeymoon period does not amount to cruelty.

 10 March 2014

The bench comprising of Justice Shri P.N. Deshmukh and Justice Smt. V.K. Tahilramani set aside a Family Court judgment dissolving the marriage between the parties, by a decree of divorce. The Court ruled that non-consummation of marriage during the h

Posted in Family Law 1 comments |   2721 hits


SC grants right to adoption to Muslims

 20 February 2014

The Bench comprising of CJI, P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh granted the Muslim petitioner, Shabnam Hashmi, right to adopt child through the Juvenile Justice(Care and Protection of Children) Act route, despite the Mu

Posted in Family Law 1 comments |   1807 hits


Custody of children in a matrimonial dispute :

 09 May 2012

Facts : The marriage of the A and B was solemnized and from the wedlock, two sons were born. A and B have been living separately and have been involved in various litigations, including a petition for divorce. The appellant ( father ), who is an

Posted in Family Law 3 comments |   2156 hits


It is not open for the HC under its revisional jurisdiction to set aside the finding of the Trial Court

 20 September 2011

Claim of maintenance by wife, denied any relation by husband on the ground of his earlier marriage, though 25 years passed in this relation and 3 children also born out of this relationship. his is a valid marriage and HC would not have disturbed the

Posted in Family Law |    0 comments |   2486 hits


Proof of Marriage is must while claiming Restitution

 13 September 2011

Merely coming to court for restitution of conjugal rights is not sufficient rather a definite proof of marriage is must.

Posted in Family Law 2 comments |   2865 hits


Male Hindu cannot adopt without the consent of wife – SC

 13 September 2011

Hindu Adoptions and Maintenance Act, 1956, s. 7 – Adoption by husband -This is clear from Section 7 of the Act. Proviso thereof makes it clear that a male Hindu cannot adopt except with the consent of the wife, unless the wife has completely and fina

Posted in Family Law |    0 comments |   1412 hits


The Right of successors prevails over Nominee & Joint Account Holder

 10 September 2011

Indian Succession Act, 1925 - Sections 4, 6, 7, 8(2) and 278; Banking Regulation Act, 1949 - Sections 45ZA; Banking Companies (Nomination) Rules, 1985 - Rule 2(1)-The money lying deposited in the account of the original depositor should be distribute

Posted in Family Law |    0 comments |   9642 hits


A Male Hindu cannot adopt without Consent of His Wife

 10 September 2011

Hindu Adoptions and Maintenance Act, 1956, s. 7 - Adoption by husband -This is clear from Section 7 of the Act. Proviso thereof makes it clear that a male Hindu cannot adopt except with the consent of the wife, unless the wife has completely and fina

Posted in Family Law |    0 comments |   1930 hits


divorce

 25 August 2011

Posted in Family Law 16 comments |   2970 hits










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