Category: 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

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.…

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

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.…

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.

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…

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