Supreme Court of India Judgements

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Category: Matrimonial

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…

Matrimonial

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.

Mar 21, 2021 sclaw

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

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

Feb 27, 2021 sclaw

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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Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.

Feb 1, 2026 sclaw
Labour Cases

Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest

Feb 1, 2026 sclaw
Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 175(4) — Complaints against public servants alleged to have committed offenses in discharge of official duties — Interpretation — This provision is not a standalone provision, nor is it a proviso to Section 175(3) — It must be read in harmony with Section 175(3), with Section 175(4) forming an extension of Section 175(3) — The power to order investigation under Section 175(3) is conferred upon a judicial magistrate, while Section 175(4) also confers such power but prescribes a special procedure for complaints against public servants — The expression “complaint” in Section 175(4) does not encompass oral complaints and must be understood in the context of a written complaint supported by an affidavit, as required by Section 175(3) — This interpretation ensures that the procedural safeguard of an affidavit, mandated by Priyanka Srivastava v. State of U.P., is not undermined even when dealing with public servants — The intention is to provide a two-tier protection: first, at the threshold stage under Section 175(4) with additional safeguards, and second, at the post-investigation stage under Section 218(1) regarding previous sanction. (Paras 26, 31, 37.1, 37.2, 37.4, 37.5, 37.6, 37.8, 38, 39, 40, 42, 43, 44)

Feb 1, 2026 sclaw