Hindu Marriage Act, 1955 — Ss. 13(1)(i-a) and (i-b)
Considering the fact that both appellant and respondent are not staying together since May 2011 and that the husband has already remarried. There was concurrent findings of courts below on…
Family and Personal Laws— Hindu Law — Partition/Family Arrangement/Settlement—Revocation /Cancellation /Reunion /Blending /Surrender/Relinquishment/Renunciation
Reunion of family: Principles explained in detail about concept of reunion of joint family, manner in which to be proved, presumption against reunion after partition. The plaintiff’s case throughout was that…
Matrimonial Dispute-Civil Procedure Code, 1908 — S. 25 — Transfer of cases
In this case, prayer for transfer of case, declined. However, directions on manner of conducting of proceedings were issued. Trial court was directed to conduct proceedings online for effective participation…
Registration Act, 1908 — Family settlement/compromise, or, settlement/compromise in respect of family property are exempt from compulsory registration
17(2)(vi) and Ss. 17(1)(b) & (c): Second part of S. 17(2)(vi) which is an exception to the exception carved out by S. 17(2)(vi), and hence to which said second part,…
Family and Personal Laws —Mediation on Matrimonial dispute- sec 89 of CPC, 1908
In this case, there was a reference to mediation on the consent of counsel. Directions were issued as to expenses and interaction of the child with parent and mediator to…
S. 13(1)(i-a) — Factors to be considered for Grant of divorce on ground of “Mental cruelty”
For considering dissolution of marriage at instance of a spouse who alleges mental cruelty, the result of such mental cruelty must be such that it is not possible to continue…
Burden of proof on the person who alleges that the property is a joint property of an HUF under Hindu Law
Reference in this behalf was made to the judgments of this court in Bhagwan Dayal v. Reoti Devi (AIR 1962 SC 287). In this case, this court held that the…
Exercise of power under Art 226 of the Constitution of India by filing Habeas Corpus petition for custody of child
It is well-settled law by a catena of judgments that while deciding matters of custody of a child, the primary and paramount consideration is the welfare of the child. A…
Interpretation of will considering section 82,87 and 88 of Succession act 1925
The facts of the case are that after bequeathing absolute and unfettered right to property to wife, the testator made it desirable to sell the property and divide the sale…
Exercise of power under Art 142 of the Constitution of India for dissolution of marriage when the parties are living separately and litigating for more than 12 years. Could this factor be irretrievable breakdown of marriage?
Held that in a matter where the differences between the parties are not of such magnitude and is in the nature of usual wear and tear of marital life, the…