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
The Supreme Court observed that a petition filed by a wife under Section 125 of CrPC who was earlier granted permanent alimony under Section 25 of Hindu Marriage Act, cannot be entertained.
The High Court took note of the submissions made by the husband that he shall continue to pay Rs 5,000 per month for a limited period for the wife and minor son. Resultantly, the Court allowed the petition and quashed the impugned order.
The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them.
The Supreme Court held that the husband is entitled to pay maintenance even if the wife is well educated and enhanced the maintenance amount to Rs.25,000.