Category: 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.

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…

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.

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…

Family Courts Act, 1984 – Sections 7, 10, 14, 15 and 15 – Jurisdiction of Family Court – Family Court does not have plenary powers to do away with the mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides.

SUPREME COURT OF INDIA FULL BENCH AMAN LOHIA — Appellant Vs. KIRAN LOHIA — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna Murari, JJ. ) Transferred Case (Civil)…

Matrimonial Law – Restitution of conjugal rights – Wronged party cannot be expected to continue with the matrimonial relationship. Husband is accordingly held entitled to dissolution of his marriage and consequently the wife’s application for restitution of conjugal rights stands dismissed

SUPREME COURT OF INDIA FULL BENCH JOYDEEP MAJUMDAR — Appellant Vs. BHARTI JAISWAL MAJUMDAR — Respondent ( Before : Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, JJ. ) Civil…

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