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Family Law Judgments and Orders

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 |   4275 hits

Maternalfather of a Minor can also get Custody of

 27 September 2010

Appointment of Guardian - Custody of a minor child - Whether custody of the minor to be entrusted with the maternal grandfather as ordered by the District Court or with the father as directed by the High Court? ..

Posted in Family Law 1 comments |   2516 hits

Section 13 of the Hindu Marriage Act

 25 September 2010

The respondent and the appellant were married in accordance with the Hindu religious rites. About three years after the marriage, he filed a petition (Civil Proceeding No.136 of 1997) before the Family Court, Rourkela for dissolution of his marriage ..

Posted in Family Law |   5163 hits

Condonation of Delay application should be treated in the light of merits of proposed appeal

 15 September 2010

Condonation of delay - Past maintenance for a period of 36 months to the claimants along with interest @ 9 per cent 1 per annum - Whether condonation of delay of 160 days in filling a matrimonial appeal could be granted to the Claimant? ..

Posted in Family Law |   4585 hits

Maintenance

 02 September 2010

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Posted in Family Law 4 comments |   3728 hits

Cruelty and desertion

 01 September 2010

The Indian Penal Code, 1860 The Code Of Criminal Procedure, 1973 Section 18 in The Indian Penal Code, 1860 The Hindu Marriage Act, 1955..

Posted in Family Law 1 comments |   3957 hits

Maintenance to minor daughter

 01 September 2010

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Posted in Family Law |   3227 hits

Mutual Consent and Permanent Alimony

 01 September 2010

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Posted in Family Law |   2377 hits

Section 9 of the Hindu Marriage Act, 1955

 30 August 2010

In spite of service the respondent-wife did not enter an appearance. Thus, we have heard Dr. J.N. Dubey, learned senior counsel appearing for the appellant. Dr. Dubey has taken us through the evidence available on record and through both the judgment..

Posted in Family Law |   7904 hits

Rejecting maintenance

 29 August 2010

..

Posted in Family Law |   6684 hits

Status of the parents of the husband, in no manner, can be considered by the Court while awarding m

 29 August 2010

Status of the parents of the husband, in no manner, can be considered by the Court while awarding maintenance to his wife...

Posted in Family Law |   1941 hits

Maintenance to minor son

 20 August 2010

..

Posted in Family Law |   3519 hits

Sections 498-A, 406, 341, 323 and 120-B of IPC read with sections 3 and 4 the Dowry Prohibition Act

 18 August 2010

Brief facts which are necessary to dispose of this appeal are recapitulated as under: The Complainant Manisha was married to Kamal Poddar at Kanpur on 10.12.2006. Immediately after the marriage, the complainant who is respondent no.2 in this appeal ..

Posted in Family Law |   3356 hits

Matrimonial Dispute

 09 August 2010

..

Posted in Family Law |   3055 hits

Section 13 of the Special Marriage Act, 1954

 06 August 2010

Two questions arise for consideration-first, the extent of power of the State Commission for Women constituted under Section 3 of the Orissa (State) Commission for Women Act, 1993 (for short, ‘1993 Act’) and then, as to whether the High Court of Oris..

Posted in Family Law |   4668 hits

Divorced muslim woman is also entitled to maintainance even after iddat period.

 31 July 2010

Divorced muslim woman is also entitled to maintainance u/s. 125 crpc, even after iddat period as long as she does not remarry...

Posted in Family Law |   4993 hits

Only the SC can pass a decree of divorce, if one party withdraws consent in a petition u/s. 13B HMA

 14 July 2010

Divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955- when one of the petitioners withdraws consent, only the SC under its inherent powers can pass the decree...

Posted in Family Law |   5527 hits

Neelam Kumar Versus Dayarani

 08 July 2010

This appeal, by the husband, is filed against the judgment and order dated September 14, 2005 passed by the Madhya Pradesh High Court (at Jabalpur) in F.A.O. 462 of 2003. By the judgment coming under appeal, the High Court set aside the judgment date..

Posted in Family Law |   2449 hits

Cruelty and desertion

 18 June 2010

appellant filed matrimonial case - on grounds of cruelty and desertion under 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..

Posted in Family Law |   4493 hits

customary divorce

 18 June 2010

Hindu Marriage Act, 1955 - section 13(1)(e) - petition under - customary divorce - registered - permanent alimony received by the wife - there does not exist any period of limitation in respect of an offence under Section 494, as the maximum period o..

Posted in Family Law |   3501 hits







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