Matrimonial Archives - Page 10 of 12 - Supreme Court of India Judgements

March 9, 2025 8:15 pm

Petition under Section 13-B(1) of the Hindu Marriage Act, 1955 is allowed. The statutory period of six months is waived and the marriage between the parties is dissolved.

Aug 18, 2017 sclaw

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4490 OF 2016 (Arising out of SLP (c) No.12161 of 2016) NIKHIL KUMAR Appellant VERSUS RUPALI KUMAR Respondent…

Matrimonial

Guardian & Wards Act, 1890-Visitation Rights-Custody of Child is with father residing at New Delhi-Mother residing at Kolkata

Jul 28, 2017 sclaw

2017(1) Law Herald (SC) 295 : 2016 LawHerald.Org 2515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice D.Y. Chandrachud The…

Matrimonial

Divorce—Transfer petition declined as there was no allegation of harassment either by husband or his relation.

Jul 8, 2017 sclaw

2007(4) LAW HERALD (SC) 3312 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Transfer…

Matrimonial

Guardian & Wards Act, 1890-Custody of Child-Girl Child aged 15 years-Custody given to father on her specific and categoric stand at different stages to remain with father.

Jun 30, 2017 sclaw

2017(1) Law Herald (SC) 503 : 2017 LawHerald.Org 669 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice R.K. Agrawal Criminal Appeal…

Matrimonial

Divorce—Transfer—Divorce petition by husband transferred to place where wife filed matrimonial petition, prior to petition by husband.

Jun 20, 2017 sclaw

2007(4) LAW HERALD (SC) 3228 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V.Raveendran Transfer Petition (civil) No. 1013 of…

Matrimonial

Criminal Procedure Code, 1973 (CrPC) – Section 125 – Maintenance – Entitlement – Necessary requirements – Claimant-wife has to show that means of her husband are sufficient and she is unable to maintain herself – Refusal or neglect to maintain by husband also need to be proved

Jun 19, 2017 sclaw

AIR 2008 SC 530 : (2008) 105 CLT 729 : (2008) CriLJ 727 : (2008) 1 DMC 22 : (2008) 1 JT 78 : (2008) 149 PLR 263 :…

Matrimonial

Custody ofchild—Child remained with father for long and mother was deprived to meet the child—in meantime child developed preference for father—For child to experience the love and care of mother custody given to mother for one year—Final decision to be taken after one year.

Jun 10, 2017 sclaw

2017(1) Law Herald (SC) 385 : 2017 LawHerald.Org 631 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice A.K. Sikri Civil Appeal…

Matrimonial

Maintenance—Merely because wife is capable of earning is not, sufficient reason to reduce the maintenance awarded by the family court.

May 17, 2017 sclaw

2017(2) Law Herald (P&H) 940 (SC) : 2017 LawHerald.Org 814 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Prafulla…

Matrimonial

Hindu Adoptions And Maintenance Act, 1956 – Section 23 – Interim maintenance – Appeal against the order – Normally no appeal against order fixing interim maintenance be entertained – But, grant of Rs. 700/- per month by High Court, extremely on lower side – Considering the financial position of husband, Rs. 1,500/- per month granted as interim maintenance

May 15, 2017 sclaw

(2004) 3 CTC 399 : (2004) 1 DMC 652 : (2004) 4 SCALE 822 : (2004) 9 SCC 617 : (2004) AIRSCW 3042 : (2004) 3 Supreme 422 SUPREME…

Matrimonial

Hindu Marriage Act, 1955 – Section 13B – Constitution of India, 1950 – Article 136, 142 – Penal Code, 1860 (IPC) – Section 498A -Decree of divorce – The parties have prayed for decree of divorce by mutual consent in exercise of jurisdiction under Article 136 read with Article 142 of the Constitution of India – The parties have settled their disputes amicably and of their free will, Court satisfied that Memorandum of Settlement dated 17.07.2013 may be accepted by the Court

May 13, 2017 sclaw

(2014) 3 RCR(Civil) 959 : (2013) 13 SCALE 142 SUPREME COURT OF INDIA VIMI VINOD CHOPRA — Appellant Vs. VINOD GULSHAN CHOPRA — Respondent ( Before : R.M. Lodha, J;…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: Matrimonial

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