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…

Matrimonial

Civil Procedure Code, 1908 – Section 25 – Matrimonial Case – Transfer of – Family Court at Thane, Maharashtra, to a Court of competent jurisdiction at Mangalore, Dakshin Kannada District, Karnataka – No objection by Husband – It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Mangalore for expeditious disposal of the petition.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH RASHMI ROHAN SHETTY — Appellant Vs. ROHAN RAGHUNATH SHETTY — Respondent ( Before : B.V. Nagarathna, J. ) Transfer Petition(s)(Civil) No. 3044 of 2019…

Matrimonial

IMP: On a fair reading of Section 23A of the Hindu Marriage Act, the respondent in any proceedings for divorce or judicial separation or restitution of conjugal rights, may not only oppose the relief sought on the ground of adultery, cruelty or desertion, but also make a counterclaim for any relief under Hindu Marriage Act, i.e, on the ground of petitioner’s adultery, cruelty or desertion and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under Hindu Marriage Act

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NITABEN DINESH PATEL — Appellant Vs. DINESH DAHYABHAI PATEL — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal Nos.…

Matrimonial

Divorce – Husband and wife have been living separately for more than 16 years – Marriage between the parties is emotionally dead and there is no point in persuading them to live together any more – Therefore, this is a fit case for exercise of jurisdiction under Article 142 of the Constitution of India – Marriage between the parties is dissolved.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBHRANSU SARKAR — Appellant Vs. INDRANI SARKAR (NEE DAS) — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal…

Matrimonial

Hindu Marriage Act, 1955 – Section 13(1)(i-a) – Divorce on ground of cruelty – Repeated filing of cases against husband – Repeated filing of cases itself has been held in judicial pronouncements to amount to mental cruelty – Decree of divorce passed – Appeal allowed.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIVASANKARAN — Appellant Vs. SANTHIMEENAL — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ. ) Civil Appeal Nos. 4984-4985 of 2021…

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