Domestic Violence Complaint Not Maintainable If The Parties Are Not Living Together In A Shared House Hold
1 ITEM NO.29 COURT NO.16 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL…
V IMP : Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably. HELD:” in exercise of powers under Article 142 of the Constitution of India the marriage cannot be dissolved on the ground of irretrievable breakdown of marriage is concerned, the aforesaid has no substance: SC
Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC HELD: ” in exercise of powers under Article…
Protection of Women from Domestic Violence Act, 2005, S.12–Right to Residence-Wife is entitled to claim residence in the shared household only if she establishes domestic violence-In present case, wife failed to establish domestic violence–Not entitled to right to residence.
2019(1) Law Herald (P&H) 849 (SC) : 2019 LawHerald.Org 555 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Petition(s) for…
Special Marriage—Nullity of Marriage—If at the time of marriage either of the party has spouse living, then said marriage is a void marriage—No period of limitation is prescribed for presentation of petition—Thus such marriage can be declared as nullity being a void marriage at any time
2019(2) Law Herald (SC) 1446 : 2019 LawHerald.Org 837 : (2019) AIR(SC) 1500 : (2019) 2 ALT 189 : (2019) 1 DMC 714 : (2019) 2 RCR(Civil) 378 : (2019)…
Domestic Violence—Maintenance—Claim from in-laws—After the death of husband; who was residing in a joint family and was doing joint business, wife is entitled to claim interim maintenance from her in-laws
2019(2) Law Herald (SC) 1459 : 2019 LawHerald.Org 942 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mr. Justice Hemant Gupta Criminal Appeal…
Hindu Marriage Act, 1955 – Section 13(1)(ia)(iii) – Custody of child.–This Court also interacted with the boy and the boy expressed his desire to continue his studies only in Shahjanpur school. When the boy is not inclined to study in Col. Satsangi’s Kiran Memorial Public School, New Delhi, and stay in the Boarding House. In the interest of the welfare of the child, he cannot be compelled to admit in Col. Satsangi’s Kiran Memorial Public School, New Delhi, attached with the Boarding House.
SUPREME COURT OF INDIA DIVISION BENCH NUTAN GAUTAM — Appellant Vs. @ PRAKASH GAUTAM — Respondent ( Before : R. Banumathi and R. Subhash Reddy, JJ. ) Civil Appeal No.…
Domestic Violence—Right to Residence—Wife is entitled to claim residence in the shared household only if she establishes domestic violence
2019(1) Law Herald (SC) 492 : 2019 LawHerald.Org 555 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Petition(s) for Special…
Hindu Marriage Act, 1955, S.15–Nullity of Marriage-Second Marriage– During pendency of appeal against divorce decree of first marriage-The restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal
2018(4) Law Herald (SC) 3318 : 2018 LawHerald.org 1798 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal No.…
Hindu Marriage Act, 1955, S.13-B—Divorce—By Mutual Consent-Once both the parties have consciously obtained a decree of divorce by mutually agreed terms and moved ahead in life, later they cannot be allowed to claim that divorce decree is null and void and not binding on them.
2018(4) Law Herald (SC) 3307 : 2018 LawHerald.org 1795 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No.…
Marriage–Nullity of–A Christian married to a Hindu in a temple and subsequently marriage was registered under Section 8 of Hindu Marriage Act–Marriage was a nullity and its registration could not validate the same. Marriage–Conditions for–Usage of expression “may” in the opening line of Section 5 of Hindu Marriage Act does not make the provision optional.
2009(1) LAW HERALD (SC) 68 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 2446 of 2005…