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..
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. ..
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..
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..
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. ..
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...
The Supreme Court withdrew the petition pending before HC & dissolved the marriage between the parties...
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/..
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 ..
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..
Dealing with the case, the Court said that in a Hindu society, it is a pious obligation of the son to maintain the parents...
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..
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..
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 ..
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...
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..
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..
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..
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..
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..