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

September 3, 2025 2:11 pm

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…

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…

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Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw

Service

Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors.

Sep 2, 2025 sclaw

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time

Sep 2, 2025 sclaw

State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued.

Sep 2, 2025 sclaw

Category: Matrimonial

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