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Family Law Judiciary

Joydeep Majumdar Vs Bharti Jaiswal Majumdar: Wifes Irresponsible Allegations Which Affects The Career And Reputation Of Her Husband That Will Amount To Mental Cruelty

 13 April 2021

In the judgment of the case – Joydeep Majumdar v. Bharti Jaiswal Majumdar delivered on February 26, 2021, a 3-judge bench of the Supreme Court consisting of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, has ruled that in a case w..

Posted in Family Law |   1005 hits

Consent Of Family, Community Or Clan Not Necessary Once Two Adult Individuals Agree To Enter Into Wedlock

 09 March 2021

In a latest, landmark, laudable and learned judgment titled Laxmibai Chandaragi B & Anr. vs. State of Karnataka & Ors. in Writ Petition [Criminal] No. 359/2020 delivered just recently on February 8, 2021, the Supreme Court minced just no words to ma..

Posted in Family Law |   405 hits

Shruti Kaushal Bisht v. Kaushal R. Bisht (2020) - Transfer of Matrimonial Case

 14 December 2020

In the Order passed in the matrimonial case- Shruti Kaushal Bisht v. Kaushal R. Bisht on November 6, 2020, Justice V. Ramasubramanian, at the Supreme Court, has considered that the claim of the wife Shruti that she is not receiving maintenance, has n..

Posted in Family Law |   612 hits

[Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also

 07 December 2020

In a well-written, well-balanced, well-analysed, well-articulated and well-reasoned judgment under the Domestic Violence Act, a three Judge Bench of the Apex Court comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah have ruled in no unc..

Posted in Family Law |   445 hits

Babita & Anr v. State of Haryana & Ors (2020) - Fine of Rs. 25K on Wife for Frivolous Pleas

 29 October 2020

Let me not hesitate to begin by first and foremost stating that I very strongly feel that the time is ripe now for making many radical changes in our penal laws and treating woman on the same platform as man and as is repeatedly demanded most strenu..

Posted in Family Law 1 comments |   318 hits

Nemichand Shantilal Patni v. Basantabai (1994) - Adoption u/s 11(iv) HAMA

 03 October 2020

The Bombay High Court held that both the Courts below had rightly held that the plaintiff cannot be held adopted son of Kundanbai and he has been rightly denied his succession to the properties of Kundanbai...

Posted in Family Law |   577 hits

Manoj Kumar v. Champa Devi (2020) - Wife May Claim Maintenance Despite Divorced on the Ground of Desertion

 03 October 2020

The Supreme Court rejected the Special Leave petition filed by the husband and observed that For the last two decades, Section 125 of the Code of Criminal Procedure, including the explanation referred to in subsection (1) thereof, has been consisten..

Posted in Family Law |   553 hits

Dhanraj v. Smt. Suraj Bai (1975) - If a step-mother can give a step-son in adoption in the absence of natural parents

 03 October 2020

The Court discussed Sections 4, 6, 9 and 11 of HAMA and then carefully gave the judgment. It held that the scheme of HAMA is not to make a child of 15 years of age or above fir to be taken in adoption. The exception however is made in favour of custo..

Posted in Family Law |   788 hits

The appeal was for custody of the child

 28 September 2020

Since the factors in favour of Respondent are weightier than those in favour of the Appellant which have been noted above. The custody was given to the Respondent/ Mother. Since the mother was a school teacher, the Court ordered to get the child admi..

Posted in Family Law |   439 hits

The appeal was partially admitted

 28 September 2020

The Court agreed with the findings given by the First Appellate Court. The First Appellate Court came tothe conclusion that the case property was sold...

Posted in Family Law |   265 hits

The appeals were dismissed subject to the partial modifications

 28 September 2020

The appeals were dismissed subject to the partial modification of the order passed by the District Judge and High Court...

Posted in Family Law |   244 hits

Can the sale of a suit property inherited by the minor carried out by the de facto guardian

 28 September 2020

The Court held that “the minor on attaining majority did not ratify the sale deed executed by his defacto guardian with the defendant and entered into a sale deed with the appellant...

Posted in Family Law |   262 hits

Does the court have a right to appoint a person for guardianship of the minor

 28 September 2020

The Court upheld the decision of the District Judge and revision was dismissed stating “That case is distinguishable inasmuch as the parties were Mohammadans and Section 13 of the Hindu Minority and Guardianship Act, 1956 did not apply there.By virtu..

Posted in Family Law |   226 hits

: Is documentary evidence required to prove a mother as the sole guardian of a minor child

 28 September 2020

The High Court allowed the appeal stating “Further, as regards the contention of learned counsel for respondent No. 2, that mother of petitioner had failed to provide any documentary proof to the effect that she is the only guardian of the child, the..

Posted in Family Law |   273 hits

Does the alleged husband have a right on alleged deceased wife’s self-acquired property

 21 September 2020

The Supreme Court held that the continuous cohabitation of man and woman as husband and wife may raise the presumption of marriage, but the presumption which may be drawn from long cohabitation is a rebuttable one and if there are circumstances which..

Posted in Family Law |   422 hits

Marriage is void under Section 11 of Hindu Marriage Act, if spouse is living

 21 September 2020

The marriage of a woman in accordance with the Hindu rites with a man having legal spouse, after coming into force of HMA is a complete nullity in the eye of law and she is not entitled to the benefit of Section 125 of CrPC...

Posted in Family Law |   607 hits

Whether the wife of a disqualified heir claims for inheritance of estate of her deceased father-in-law

 18 September 2020

The case first went to the trial court, where it was held that all the properties are joint family properties of the deceased Ramasami Konar and his disqualified son, (The first defendant), but since he had murdered his father, he is not entitled to ..

Posted in Family Law |   694 hits

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 |   306 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 |   260 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 |   188 hits

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