Category: Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(ia) – Divorce based on irretrievable breakdown of marriage – Ground of Irretrievable Breakdown – The court recognized irretrievable breakdown of marriage as a valid ground for divorce, even though it is not explicitly mentioned in the Hindu Marriage Act, 1955 – This expands the scope of grounds for divorce and provides a more compassionate approach to ending a marriage that has irreparably broken down.

SUPREME COURT OF INDIA DIVISION BENCH JATINDER KUMAR SAPRA — Appellant Vs. ANUPAMA SAPRA — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal No(S).of…

Suit for Partition – The Court found that ‘C’ remarriage extinguished her rights to her first husband’s property, and she could not pass on any title to the plaintiff – The Court applied the Hindu Widow’s Remarriage Act, 1856, and relevant case law to determine the impact of Chiruthey’s remarriage on her property rights – The Supreme Court concluded that the plaintiff could not inherit the property through ‘C’, as her rights were nullified upon remarriage, and the deeds did not confer valid title.

2024 INSC 287 SUPREME COURT OF INDIA DIVISION BENCH KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. — Appellant Vs. THIYYURKUNNATH MEETHAL JANAKI AND OTHERS — Respondent ( Before : Aniruddha Bose…

Hindu Marriage Act, 1955 – Section 9 and 13(1) (ia) – Divorce – The Supreme Court finds merit in the appellant/husband’s willingness to undergo the test and partially upholds the Trial Court’s order – The Supreme Court modifies the High Court’s order, directing the appellant/husband to undergo the medical test as per the Trial Court’s direction.

SUPREME COURT OF INDIA DIVISION BENCH DEEP MUKERJEE — Appellant Vs. SREYASHI BANERJEE — Respondent ( Before : Vikram Nath and Prashant Kumar Mishra, JJ. ) Civil Appeal No(S). of…

Irretrievable breakdown of marriage – Exercise of jurisdiction under Article 142(1) of the Constitution of India is clearly permissible to do ‘complete justice’ to a ’cause or matter’ and this Court can pass an order or decree which a family court, trial court or High Court can pass and when such power is exercised, the question or issue of lack of subject-matter jurisdiction does not arise

SUPREME COURT OF INDIA DIVISION BENCH PRAKASHCHANDRA JOSHI — Appellant Vs. KUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH — Respondent ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ.…

Irretrievable breakdown of marriage – Divorce – Husband was about 89 years old and wife aged about 82 years – One should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in the society – it would not be desirable to accept the formula of “irretrievable break down of marriage” as a strait-jacket formula for the grant of relief of divorce under Article 142 of the Constitution of India – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH DR. NIRMAL SINGH PANESAR — Appellant Vs. MRS. PARAMJIT KAUR PANESAR @AJINDER KAUR PANESAR — Respondent ( Before : Aniruddha Bose and Bela M.…

Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Grant of Decree of divorce – Denial of – The parties in question have been living apart for fifteen years -there is no reason to prolong the distress of maintaining a marital status when they are not living together – In light of the mentioned reasons, the judgment of the Trial Court and the subsequent confirmation by the High Court is hereby overturned – As a result, the appeal is accepted, and a divorce decree is granted.

SUPREME COURT OF INDIA DIVISION BENCH SMT. ROOPA SONI — Appellant Vs. KAMALNARAYAN SONI — Respondent ( Before : Sanjiv Khanna and M. M. Sundresh, JJ. ) Civil Appeal No.…

Held, a child of a marriage which is null and void under Section 11 of HMA is statutorily conferred with legitimacy – Where a voidable marriage has been annulled by a decree of nullity under Section 12, of HMA a child ‘begotten or conceived’ before the decree has been made, is deemed to be their legitimate child notwithstanding the decree, if the child would have been legitimate to the parties to the marriage if a decree of dissolution had been passed instead of a decree of nullity

SUPREME COURT OF INDIA FULL BENCH REVANASIDDAPPA AND ANOTHER — Appellant Vs. MALLIKARJUN AND OTHERS — Respondent ( Before : Dhananjaya Y Chandrachud, CJI., J B Pardiwala and Manoj Misra,…

Parties have suffered an irretrievable breakdown of marriage and hence, in order provide complete justice, the this Court exercised the power under Article 142 of the Constitution of India to grant mutual consent divorce to the parties and also closed all cases filed by the parties against each other.

SUPREME COURT OF INDIA DIVISION BENCH MANSI KHATRI — Appellant Vs. GAURAV KHATRI — Respondent ( Before : Sanjay Kishan Kaul and Ahsanuddin Amanullah, JJ. ) Transfer Petition (Civil) No.…

IMPORTANT – Constitution of India, 1950 – Article 142(1) – Irretrievable Breakdown of Marriage – In exercise of power under Article 142(1) of the Constitution of India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown

SUPREME COURT OF INDIA CONSTITUTION BENCH SHILPA SAILESH — Appellant Vs. VARUN SREENIVASAN — Respondent ( Before : Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and J.K.…

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