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Family Law Judiciary

Whether the wife has established that the husband is guilty of adultery

 11 September 2020

After referring to all the evidences of adultery and cruelty, the husband was declared guilty of adultery and cruelty. The cruelty which entitles her to a judicial separation, even if he was not guilty of adultery. The manner in which the husband had..

Posted in Family Law 1 comments |   435 hits

When can a conduct of a spouse be considered as cruelty to seek divorce under Hindu Marriage Act, 1955

 11 September 2020

The Supreme Court allowed the appeal & withheld the decision of HC in not granting divorce. The court observed that the constant nagging & inappropriate behavior of the wife has certainly caused mental agony to the husband which amounts to cruelty. ..

Posted in Family Law |   479 hits

When can desertion by one spouse be justified to refuse grant of divorce to the other spouse

 11 September 2020

The Supreme Court dismissed the appeal. It was observed by the court that the reason for the wife living separately from her husband is justified based on the wrongs done by the husband. Also, the wife is ready to live with him on a reasonable condit..

Posted in Family Law |   260 hits

The Himachal Pradesh High Court agreed with the view and interpretation of a few High Courts of India in respect of withdrawal of a divorce petition filed by mutual consent

 10 September 2020

Before declaring the Judgment the Court very carefully explained the provisions of Section 13B and Section 23(1)(bb) of HMA and the sub-sections under it. The Court also explained the Section 28 of the Special Marriage Act as Section 13B is in pari m..

Posted in Family Law |   243 hits

What is the meaning of 'mental cruelty' to invoke Section 13(1)(i-a) of Hindu Marriage Act,1955 for a divorce petition

 10 September 2020

The Supreme Court dismissed the appeal & upheld the decision of HC in granting divorce. The facts & circumstances provides that mental cruelty has been caused to the husband due to the actions & behavior of the wife. ..

Posted in Family Law |   676 hits

What is the scope of the ground of irretrievable breakdown of marriage to grant divorce under Special Marriage Act,1954

 08 September 2020

The Supreme Court allowed & dissolved the marriage between the parties. The court opined that there is an irretrievable breakdown of marriage in this case and there is no possibility for both the parties to live together...

Posted in Family Law |   368 hits

What is the meaning of ‘mental cruelty’ as one of the grounds for divorce under HMA,1955

 08 September 2020

The Supreme Court withdrew the petition pending before HC & dissolved the marriage between the parties...

Posted in Family Law |   412 hits

Victim Under SC/ST Act Includes Parents & Family Members Of Persons Suffering Injuries Of The Crime

 31 August 2020

In a recent, remarkable and righteous decision delivered just recently on July 21, 2020, the Kalaburagi Bench of the Karnataka High Court in Marenna @ Mareppa v. State in Crl. Petition No. 200315/2020 has very rightly held that a victim under the SC/..

Posted in Family Law |   299 hits

Husband is liable to pay maintenance even after the expiry of iddat period

 28 July 2020

The court held that the view expressed by the First Revisional Court that no Muslim woman can maintain a petition under Section 125 Cr.P.C. is unsustainable. Conclusions in the view of a statement alleging utterance of the word ‘Talaq’ thrice is not ..

Posted in Family Law |   973 hits

Liability of a husband to maintain his wife is not confined to the iddat period

 28 July 2020

The court upheld the validity of the Act while reiterating the principles laid down under Shah Bano case that the husband’s liability to maintain his wife is not confined and doesn’t end with the iddat period. A distinction has to be made between ‘pr..

Posted in Family Law |   925 hits

Forcing the husband to leave his parents, who are dependent on his income, amounts to cruelty

 22 July 2020

Dealing with the case, the Court said that in a Hindu society, it is a pious obligation of the son to maintain the parents...

Posted in Family Law |   287 hits

Husband can seek divorce if wife aborts without his consent

 21 July 2020

The apex court after persuing the records and citing a number of judicial rulings said that the actions of Suman amounted to mental cruelty and the husband was entitled to a decree of divorce. However, since Sudheer married another woman during the p..

Posted in Family Law |   740 hits

Even an unchaste wife has an absolute right to a starving allowance for her maintenance

 17 July 2020

If a decree for judicial separation has been passed, in favour of the husband on the basis of a finding recorded as against a wife under Section 10(1)(f) of the the Hindu Marriage Act, the wife will not be entitled to claim any maintenance under Sect..

Posted in Family Law 1 comments |   902 hits

When a marriage has literally become a ‘deadwood’, divorce is the only viable option before the court

 11 July 2020

The facts and circumstances of the case show that recovery is impossible. There is no doubt that the applicants and the accused have lived separately for the past 14 years. It is also true that a good part of the lives of both sides were involved in ..

Posted in Family Law |   587 hits

Irretrievable Breakdown of Marriage

 10 July 2020

The Court found the wedding bond between the parties to be destroyed beyond repair. Public interest and interest of all concerned lie in the acknowledgment of this reality and to proclaim defunct de jure what is already defunct de facto...

Posted in Family Law |   495 hits

Allahabad HC Grants Wife Guardianship Of Husband In Comatose Condition

 07 July 2020

It is most refreshing, most pleasing and most heartening to see that in a commendable, courageous and conscious decision, the Allahabad High Court in Uma Mittal & Ors. v. Union of India & Ors in Case – Writ – C No. – 40096 of 2019 delivered just rece..

Posted in Family Law |   250 hits

Child born out of void/voidable marriage is innocent and is entitled to all rights which are given to other children born in valid marriage

 02 July 2020

The Supreme Court while observing that Section 16 of the Hindu Marriage Act, 1955 (herein referred to as the “Act”) declares that children of a void or voidable marriage as legitimate but expressly provides that they are entitled to claim only the pr..

Posted in Family Law |   600 hits

Where both parents of a minor child are employed, they are obliged to pay maintenance in proportion of their salaries

 02 July 2020

The Court, while partly allowing the appeal of the Appellant, observed that according to theSection 20 of the Hindu Adoption and Maintenance Act,1956 read in conjunction with Hindu Laws relating to family, the mother has as much obligation to maintai..

Posted in Family Law |   493 hits

The party alleging impotency has to prove it for all material time- from the time of marriage till institution of proceedings

 26 June 2020

The Division bench of the High Court observed that a party will be in law deemed to be impotent, if he/she is incapable of consummation due to partial or imperfect intercourse. The party alleging impotency has the burden to prove that the husband was..

Posted in Family Law |   348 hits

Whether a mentally retarded person has sufficient mental capacity to decide if she can carry forward her pregnancy

 26 June 2020

Upon hearing the parties to the case, the Court held that, the victim’s pregnancy may not be terminated without her consent as it may not be in her best interest. However, considering her mental health which may be affected due to the biological cha..

Posted in Family Law |   515 hits








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