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Family Law Judiciary

Transfer of divorce suit

 18 June 2010

inspite of prayer for adjournment having been granted, no one appears to oppose the prayer for transfer on behalf of the respondent - considering the facts that the wife - petitioner herein - is staying at Andul Purba Para, P.O. Andul Mouri, P.S. San..

Posted in Family Law 1 comments |   2593 hits

VARSHA KAPOOR V UOI

 05 June 2010

WOMEN IS COVERED IN SEC 2Q OF D.V.ACT 2005..

Posted in Family Law |   2135 hits

Divorce - Cruelty

 28 May 2010

Hindu Marriage Act, 1955, s. 28 - Respondent filed an application for divorce on the ground of cruelty - The instances of cruelty highlighted by the trial Court and the High Court clearly prove that the husband was subjected to mental and physical cr..

Posted in Family Law |   2985 hits

Cruelty

 17 May 2010

Respondent refused cohabitation - Her unilateral decision not to have any child caused mental cruelty on the appellant - The impugned judgment of the High Court is set aside and the judgment of the learned Additional District Judge granting the decre..

Posted in Family Law |   1948 hits

Compulsory Registration of Marriages

 06 May 2010

Marriages - compulsory registration - directions were given to the States and the Union Territories in the matter of framing necessary statutes regarding compulsory registration of marriages - different States and Union Territories have placed on rec..

Posted in Family Law |   2703 hits

Officially wedded 2nd Wife can only Claim Service benefits

 06 March 2010

Family - Issuance of Legal Heir Certificate for purpose of getting service benefits of deceased Government servant-husband - Non-inclusion of Petitioner-second wife of deceased as legal heir - Challenge thereto - Rule 49 of the Tamil Nadu Family Pens..

Posted in Family Law |   2474 hits

Maintenance for an illegitimate child from an alleged father

 01 March 2010

Where maintenance is claimed for an illegitimate child from an alleged father, it is not enough that the defendant would have been the father, but the court has to find out that in all reasonability no one else could have been the father ..

Posted in Family Law |   3717 hits

False affidavit, perjury procedure in 24 HMA

 01 March 2010

If false affidavit is filed either of the parties in section 24 HM Act or elesewhere, there is a set procedure for initiation of purjury and it should not be taken lightly and should be decided separately by trial judge after conducting enquiry...

Posted in Family Law |   5846 hits

Divorced woman can’t use ex’s name

 01 March 2010

One application was filed by the ex­husband (husband) seeking to restrain his ex­wife (wife) from using his surname (name) since divorce decree has been already passed and has became final. This application came to be filed as an interim application..

Posted in Family Law |   2488 hits

Misuse of 498A is like Legal Terrorism - SC

 22 February 2010

Issue: Evidence Act, 1872 - Section 113B; Criminal Law (Second Amendment) Act, 1983; Dowry Prohibition Act, 1961; Indian Penal Code, 1860 - Sections 304B, 306 and 498A; Criminal Procedure Code (CrPC), 1973; Constitution of India - Articles 14 and 3..

Posted in Family Law 2 comments |   4925 hits

Full Bench on Juvenile Justice Right

 15 February 2010

The delinquency and the initial legal proceedings The appellant Pratap Singh had abducted and murdered by poisoning, in conspiracy with others, the deceased on 31-12-1998. He was arrested and produced before the CJM on 22-11-1999. In response to a..

Posted in Family Law |   4290 hits

Alimony cannot be decided on the basis of income-tax returns

 06 February 2010

Rani Tahelramani filed a case under the Domestic Violence Act against her doctor husband Anup Vidhani. She also sought maintenance from her husband, but the magistrate declined her petition. When the proceedings dragged on, she appealed in the sessio..

Posted in Family Law 1 comments |   3041 hits

“Grandson cannot claim trusteeship over property when his fa

 25 January 2010

Madurai Bench ruling on donation of land to religious sub-sect “Indian Trust Act not applicable to a private religious trust” ..

Posted in Family Law |   2554 hits

Suman v/s State of Rajasthan and another

 23 November 2009

If police remove name of an accuse even then person can file an application u/s 319 for adding the name of that accuse...

Posted in Family Law 2 comments |   4776 hits

S.13-B(2)

 08 November 2009

Waiver of statutory period under s.13(b)(2)..

Posted in Family Law |   5761 hits

Hindu Marriage Act - section 13(1)(1a)(1b)

 24 October 2009

Section 13(1)(1a)(1b) of the Hindu Marriage Act for dissolution of the marriage. Despite holding that the respondent had proved his case on grounds of cruelty and desertion, the trial court did not grant a decree - for divorce, but thought it appropr..

Posted in Family Law |   23899 hits

Transfer of divorce suit

 24 October 2009

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Posted in Family Law |   1691 hits

HMS ACT-1956 - SEC 8 ADOPTION

 16 October 2009

The present appeal involves a very simple issue but when the background facts are considered it projects some highly emotional and sensitive aspects of human life...

Posted in Family Law |   2605 hits

Girl Friend -Term "Relative of Husband " under Section 498A

 21 May 2009

Section 498A in The Indian Penal Code, 1860 The Indian Penal Code, 1860 Section 498 in The Indian Penal Code, 1860 Section 304 in The Indian Penal Code, 1860 The Estate Duty Act, 1953 ..

Posted in Family Law |   5741 hits

Validity of foreign divorce

 10 April 2009

This is the famous judgment where the SC held that a divorce obtained from a foreign court was invalid in India unless the basis was in accordance with provisions of the Indian divorce laws and not obtained fraudulently...

Posted in Family Law |   9210 hits