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Family Law Judiciary

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 26 comments |   7405 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 |   3856 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 |   2722 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 |   2834 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 |   3144 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 |   3448 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 |   2094 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 |   11701 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 |   2620 hits

divorce

 25 August 2011

..

Posted in Family Law 16 comments |   3784 hits

AMENDMENT CAN BE ALLOWED IN DV CASES

 09 August 2011

Protection of Women from Domestic Violence Act 2005, S. 12 - Proceedings under Act are of quasi civil nature and Court has power to allow amendment of application and written statement. ..

Posted in Family Law 4 comments |   13412 hits

Maintenance petition

 11 July 2011

..

Posted in Family Law |   3687 hits

service law

 14 May 2011

The Madras High court full bench have held certain Government orders as invalid as they do not have the force of law...

Posted in Family Law |   7369 hits

Dissolution of the marriage by grant of a decree of divorce by mutual consent

 26 April 2011

The appellant-husband and the respondent-wife got married according to the Hindu Marriage Act, 1955 [hereinafter referred to as `the Act'] in 1994, and are blessed with a daughter a year thereafter. Some time in the year 2000, due to differences in t..

Posted in Family Law 1 comments |   2598 hits

Amendment to the Hindu Marriage Act, 1956

 07 April 2011

The plaintiffs (first wife and her two children) had filed a suit for partition and separate possession against the defendants for their 1/4th share each with respect to ancestral property which had been given to the first defendant by way of grant. ..

Posted in Family Law |   6398 hits

Hindu Succession Act, 1956

 15 December 2010

This appeal, by special leave, is directed against the judgment dated January 7, 2004 passed by the High Court of Punjab and Haryana whereby the second appeal preferred by present respondents 1(i) to (vi) was allowed and the judgment and decree dated..

Posted in Family Law |   3215 hits

Section 63 of the Indian Succession Act

 30 November 2010

The facts giving rise to the filing of a suit for partition and separate possession by the plaintiff-respondent no.1 in this appeal have been set out in the judgment under appeal hence do not bear repetition. All that need be stated is that responden..

Posted in Family Law 1 comments |   5041 hits

Section 10 (iv) and Section 16 of the Hindu Adoption and Maintenance Act, 1956

 22 November 2010

The appellant herein was the defendant in the suit filed by the respondent seeking for a decree for possession and future mesne profits with interest at the rate of 6% per annum and for payment of Rs.4,500/- with interest at the rate of 6% per annum ..

Posted in Family Law |   4488 hits

Section 9 of the Hindu Marriage Act, 1955

 11 October 2010

One Sarju Singh Kushwaha had two sons, Ram Saran (elder son) and Virendra Kumar Singh Kushwaha (younger son and the first respondent). The appellant, Chanmuniya, was married to Ram Saran and had 2 daughters-Asha, the first one, was born in 1988 and U..

Posted in Family Law 1 comments |   7434 hits

Islamic Divorce in Civil law Jurisdiction-

 08 October 2010

Court (Justice Karunakaran) Held: (1) Islam not at all oppresses women in any manner whatsoever; nor does it grant license to any man for that matter - let alone a husband - to discriminate, exploit, mistreat or ill-treat any woman either in one’s fa..

Posted in Family Law |   3767 hits








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