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Family Law Judgements

Displaying 1 - 10 of 159 in 16 pages

There was no evidence in hand that the plaintiff was actually given and taken in adoption by the parents or guardians of the plaintiff as required under Section 11(iv) of Hindu Adoption and Maintenance Act

 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 |    0 comments |   115 hits


Wife may claim maintenance despite divorced by husband 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 |    0 comments |   126 hits


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 |    0 comments |   17 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 |    0 comments |   99 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 |    0 comments |   78 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 |    0 comments |   81 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 |    0 comments |   77 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 |    0 comments |   76 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 |    0 comments |   77 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 |    0 comments |   219 hits










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