cpc

Family Law Judgements

Displaying 1 - 10 of 148 in 15 pages

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 |    0 comments |   6 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 |   123 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 |    0 comments |   54 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 |    0 comments |   51 hits


The Himachal Pradesh High Court agreed with the view and interpretation of a few High Courts of India in respect of withdrawal of a divorce petition filed by mutual consent

 10 September 2020

Before declaring the Judgment the Court very carefully explained the provisions of Section 13B and Section 23(1)(bb) of HMA and the sub-sections under it. The Court also explained the Section 28 of the Special Marriage Act as Section 13B is in pari m

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What is the meaning of 'mental cruelty' to invoke Section 13(1)(i-a) of Hindu Marriage Act,1955 for a divorce petition

 10 September 2020

The Supreme Court dismissed the appeal & upheld the decision of HC in granting divorce. The facts & circumstances provides that mental cruelty has been caused to the husband due to the actions & behavior of the wife.

Posted in Family Law |    0 comments |   30 hits


What is the scope of the ground of irretrievable breakdown of marriage to grant divorce under Special Marriage Act,1954

 08 September 2020

The Supreme Court allowed & dissolved the marriage between the parties. The court opined that there is an irretrievable breakdown of marriage in this case and there is no possibility for both the parties to live together.

Posted in Family Law |    0 comments |   93 hits


What is the meaning of ‘mental cruelty’ as one of the grounds for divorce under HMA,1955

 08 September 2020

The Supreme Court withdrew the petition pending before HC & dissolved the marriage between the parties.

Posted in Family Law |    0 comments |   98 hits


Victim Under SC/ST Act Includes Parents & Family Members Of Persons Suffering Injuries Of The Crime

 31 August 2020

In a recent, remarkable and righteous decision delivered just recently on July 21, 2020, the Kalaburagi Bench of the Karnataka High Court in Marenna @ Mareppa v. State in Crl. Petition No. 200315/2020 has very rightly held that a victim under the SC/

Posted in Family Law |    0 comments |   123 hits


Husband is liable to pay maintenance even after the expiry of iddat period

 28 July 2020

The court held that the view expressed by the First Revisional Court that no Muslim woman can maintain a petition under Section 125 Cr.P.C. is unsustainable. Conclusions in the view of a statement alleging utterance of the word ‘Talaq’ thrice is not

Posted in Family Law |    0 comments |   723 hits










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