Supreme Court of India Judgements

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Category: Matrimonial

Matrimonial

Divorce—By Mutual Consent—Waiting period of six months from date of filing application is not mandatory and is directory in nature. Divorce—By Mutual Consent—Waiving off waiting period—Court before whom proceedings are pending including Family Court/District Court can exercise the discretion. Divorce–By Mutual Consent—Waiving off waiting period— The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties must be already over before the first motion itself.

Oct 1, 2017 sclaw

2017(3) Law Herald (P&H) 2273 (SC) : 2017 LawHerald.Org 1394 IN THE SUPREME COURT OF INDIA Before                    Hon’ble Mr. Justice Adarsh Kumar Goel Hon’ble Mr. Justice Uday UmeshLaiit Civil…

Matrimonial

Cruelty to Wife–Arrest–Prevention of misuse of S.498-A IPC—Directions issued that there will be no automatic arrest—Complaint has to be forwarded to a family welfare committee and till committee submits its report there can be no arrest. Cruelty to Wife—Investigation—To be done only by a designated investigating officer of the area. Cruelty to wife—Bail—Recovery of disputed dowry items will not be a ground for denial of bail. Cruelty to wife—Compromise—Quashing—District & Sessions Judge empowered to close the criminal cases with regard to matrimonial discord. Cruelty to Wife—Clubbing of Cases—It would beopen to the District Judge to club all connected cases between the parties arising out of matrimonial disputes. Cruelty to Wife—Prevention of misuse of S.498-A, IPC—Personal appearance of all family members—Trial court ought to grant exemption from personal appearance or permit appearance by video conferencing. Cruelty to Wife—Physical Injuries—Directions issued for prevention of misuse of S.498-A, IPC will not apply to the offences involving tangible physical injuries or death.

Sep 24, 2017 sclaw

2017(2) Law Herald (SC) 1470 : 2017 LawHerald.Org 1139 IN THE SUPREME COURT OF INDIA Before Hon’ble Justice Mr. Adarsh Kumar Goel, Hon’ble Justice Mr.Udey Umesh Lalit CRANo. 1265 of…

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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