Supreme Court of India Judgements

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Category: Matrimonial

Matrimonial

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.

Apr 7, 2024 sclaw

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…

Constitution Matrimonial

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

Feb 4, 2024 sclaw

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.…

Matrimonial

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.

Oct 15, 2023 sclaw

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.…

Matrimonial

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.

Sep 19, 2023 sclaw

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.…

Joint Family Property Matrimonial

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

Sep 12, 2023 sclaw

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,…

Matrimonial

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.

Jun 3, 2023 sclaw

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.…

Constitution Matrimonial

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

May 7, 2023 sclaw

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.…

Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(ia) – Divorce – Relationship must end as its continuation is causing cruelty on both the sides – Long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under Section 13(1) (ia) of the 1955 Act

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI RAKESH RAMAN — Appellant Vs. SMT. KAVITA — Respondent ( Before : Sudhanshu Dhulia and J. B. Pardiwala, JJ. ) Civil Appeal No.…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw