Matrimonial Archives - Page 2 of 12 - Supreme Court of India Judgements

March 10, 2025 3:51 am

Legitimacy of Child–Presumption of–DNA Test–Wife living in Adultery–Not a ground in itself to uproot the presumption of legitimacy of child

Jun 23, 2023 sclaw

Supreme Court of India Aparna Ajinkya Firodia vs Ajinkya Arun Firodia on 20 February, 2023 Author: V. Ramasubramanian Bench: V. Ramasubramanian, B.V. Nagarathna REPORTABLE IN THE SUPREME COURT OF INDIA…

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.…

Constitution Matrimonial

Irretrievable breakdown of marriage – Husband and wife had lived together only for 40 days – It takes time to settle down in marriage – Petition dismissed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELMA LUBNA COELHO — Appellant Vs. EDMOND CLINT FERNANDES — Respondent ( Before : Rajesh Bindal and Aravind Kumar, JJ. ) Transfer Petition (C)…

Matrimonial

A DNA test of a minor child is not to be ordered routinely, in matrimonial disputes – Proof by way of DNA profiling is to be directed in matrimonial disputes involving allegations of infidelity, only in matters where there is no other mode of proving such assertions.

Feb 21, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH APARNA AJINKYA FIRODIA — Appellant Vs. AJINKYA ARUN FIRODIA — Respondent ( Before : B.V. Nagarathna and V. Ramasubramanian, JJ. ) Civil Appeal No.…

Matrimonial

Transfer of divorce case – When both the parties to the marriage/divorce petition are residing in Jaipur, it is not just and proper to transfer the case outside Rajasthan to a remote place like Kurukshetra in Haryana

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SEEMA KAUSHAL — Appellant Vs. DHEERAJ KUMAR — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Transfer Petition (Civil) No. 1621…

Matrimonial

Hindu Minority and Adoption Act, 1956 – Sections 6 and 12 – Change the surname of child HELD mother being the only natural guardian of the child has the right to decide the surname of the child. She also has the right to give the child in adoption.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MRS. AKELLA LALITHA — Appellant Vs. SRI KONDA HANUMANTHA RAO AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Krishna Murari, JJ. )…

Matrimonial

It is also noted that the parties are living separately and there is no possibility of the parties reconciling their disputes and co-habiting together. HELD placed reliance on a judgment of this Court in the Case of “Amardeep Singh Versus Harveen Kaur” – [2017 (8) SCC 746]. Marriage dissolved by decree of mutual consent.

May 15, 2022 sclaw

SUPREME COURT OF INDIA SINGLE BENCH POOJA BHUNESHWAR PRASAD SHARMA — Appellant Vs. ASHISH VINAYBHAI MISHRA — Respondent ( Before : B.V. Nagarathna, J. ) Transfer Petition (Civil) No. 618…

Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(ia) and 13(1)(ib) – Divorce on the grounds of cruelty and desertion by wife – From June 2009 wife left the matrimonial home with all her personal belongings and consistently refused to consummate the marriage, thereby causing mental agony to the husband – – From the evidence on record, an inference can be drawn that there was animus deserendi on the part of the wife

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBANANDA TAMULI — Appellant Vs. SMTI KAKUMONI KATAKY — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No.…

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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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