Supreme Court of India Judgements

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Category: Matrimonial

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.…

Matrimonial

In the interests of justice, transfer of the proceedings is warranted – direct that the petition for restitution of conjugal rights before the court of the Judge, Family Court-cum-V A D J at Visakhapatnam, A P be transferred to the court of the Principal Senior Civil Judge/competent court, Lothagudem Bhadhradri, Kothagudem District, Telangana.

Feb 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT AKKIREDDY NIHAARIKA — Appellant Vs. AKKIREDDY KARTEEK KUMAR — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Sanjiv Khanna, JJ. ) Transfer…

Matrimonial

Plea to live in posh home with estranged husband – Plea rejected – If This Court allow the prayer and allow the respondent­wife to move into the said house, it will rather than sub-serving the interest of the parties, would be detrimental to their interests. The record and the pendency of the criminal proceedings would show that the relations between the parties are so strained that if they are permitted to live in the said house, it would lead to nothing else but further criminal proceedings.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAIDEV RAJNIKANT SHROFF — Appellant Vs. POONAM JAIDEV SHROFF — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) I.A. Nos.…

Matrimonial

Dissolution of marriage – no useful purpose shall be served to further enter into the merits of the findings recorded by the courts below on “cruelty” and “desertion” by the wife – Therefore, in the facts and circumstances of the case and in exercise of powers under Article 142 of the Constitution of India, the decree passed by the learned Family Court, confirmed by the High Court, dissolving the marriage between the wife and the respondent-husband is not required to be interfered with on account of irretrievable breakdown of marriage.

Dec 5, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEHA TYAGI — Appellant Vs. LIEUTENANT COLONEL DEEPAK TYAGI — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal No.…

Matrimonial

Civil Procedure Code, 1908 – Section 25 – Matrimonial Case – Transfer of – Family Court at Gurugram (Haryana) to any other court of competent jurisdiction at Gwalior(M.P.) – Both the parties will cooperate with the competent court of jurisdiction at Gwalior for expeditious disposal of the petition – Petition allowed.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH BABITA SRIVASTAVA — Appellant Vs. VINOD SRIVASTAVA — Respondent ( Before : B.V. Nagarathna, J. ) Transfer Petition(s)(Civil) No. 1867 of 2019 Decided on…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw