Matrimonial Archives - Page 4 of 12 - Supreme Court of India Judgements

March 10, 2025 8:58 am

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…

Matrimonial

Dismissal of a petition for transfer, may not operate as res judicata, when a fresh petition is filed on change of circumstances

Feb 7, 2021 sclaw

SUPREME COURT OF INDIA SINGLE BENCH AMRUTA BEN HIMANSHU KUMAR SHAH — Appellant Vs. HIMANSHU KUMAR PRAVINCHANDRA SHAH — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil)…

Matrimonial

HELD in the present situation where all proceedings are conducted through video conferencing – This Court direct the Family Court, District Gautambudh Nagar, U.P. to conduct the trial through video conferencing.

Jan 24, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH ANJALI BRAHMAWAR CHAUHAN — Appellant Vs. NAVIN CHAUHAN — Respondent ( Before : S.A. Bobde,CJI, L. Nageswara Rao and Vineet Saran, JJ. ) Review…

Matrimonial

Since the entire payment is recorded in the settlement agreement has been paid, the parties have no further or other obligations against each other. The transfer petition is, accordingly, disposed of.

Jan 17, 2021 sclaw

Supreme Court Passes First Divorce Decree Through Virtual Hearing [Read Order] The Supreme Court recently allowed the first petition for divorce by mutual consent, through the virtual hearing system. On…

Matrimonial

Hindu Marriage Act, 1955 – Section 13B – Divorce by mutual consent – Settlement agreement – the transfer petition is disposed of in terms of the settlement agreement – Parties shall honour their commitments under the agreement mutually.

Dec 16, 2020 sclaw

SUPREME COURT OF INDIA SINGLE BENCH KRITIKA — Appellant Vs. ROHIT GURBAKSH LAL BHOLA — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No. 920 of 2019…

Matrimonial

HELD that the Maintenance and Welfare of Parents and Senior Citizens Act has no overriding effect over the right of residence of a woman in a shared household within the meaning of the Protection of Women from Domestic Violence Act.

Dec 15, 2020 sclaw

Section 3 of the Senior Citizens Act, 2007 cannot be deployed to over-ride and nullify other protections in law, particularly that of a woman’s right to a “shared household‟ under…

Matrimonial

Temporary custody of son – Mother shall be allowed every year, one more trip for a week financed by the father, coinciding with the Birthday of son (which falls on 2nd of December) – Thus, the Mother will have the benefit of two trips to Kenya in a year, out of which one will be with her mother as well.

Dec 13, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SMRITI MADAN KANSAGRA — Appellant Vs. PERRY KANSAGRA — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Hemant Gupta, JJ. ) Miscellaneous…

Matrimonial

Child Custody – During interaction on the video-conferencing platform, “S” son of the Appellant/Respondent indicated his desire to reside with his mother in Singapore – While the child is attached to the respondent, he has indicated, in no uncertain terms, his desire to live with his mother. Appeal allowed.

Nov 2, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MRS RITIKA SHARAN — Appellant Vs. MR SUJOY GHOSH — Respondent ( Before : Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ.…

Matrimonial

Supreme Court grants custody of child to father in transnational guardianship case, asks for mirror order from Nairobi court The Court noted that though its judgment would not be binding on the Nairobi court, it would have “great persuasive value”.

Oct 30, 2020 sclaw

The Supreme Court, in a 2:1 judgment, granted custody of a child to the father after the 11-year-old expressed his desire to live with that latter. The Court has…

Matrimonial

Most Significant Consideration Is The Welfare Of The Child, in a Habeas Corpus Writ For Child Custody

Oct 5, 2020 sclaw

“In several recent decisions of this Court bearing on the issue, it has been held that when confronted with a habeas corpus petition, the existence of an order of the…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: Matrimonial

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