Family Law

Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown of Marriage: Prakashchandra Joshi vs. Kuntal Prakashchandra Joshi (24 January 2024)

/ Constitutional Law, Constitutional Law with Article 142, Divorce, Family Law, Hindu Marriage Act, Irretrievable Breakdown of Marriage

Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown of Marriage: Prakashchandra Joshi vs. Kuntal Prakashchandra Joshi (2024) LEGAL ISSUE: Whether a marriage can be dissolved on the grounds of irretrievable breakdown under Article 142 of the Constitution of India. CASE TYPE: Family Law Case Name: Prakashchandra Joshi vs. Kuntal Prakashchandra Joshi [Judgment Date]: 24 […]

Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown of Marriage: Prakashchandra Joshi vs. Kuntal Prakashchandra Joshi (24 January 2024) Read Post »

Supreme Court rules on property rights of children from void marriages in partition suits: Raja Gounder vs. M. Sengodan (2024) INSC 47 (19 January 2024)

/ Children's Rights, Family Law, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 17, Indian Evidence Act, 1872 with Section 18, Partition Suit, Property Rights

Supreme Court rules on property rights of children from void marriages in partition suits: Raja Gounder vs. M. Sengodan (2024) INSC 47 (19 January 2024) LEGAL ISSUE: Whether children born from void or voidable marriages are entitled to a share in their parents’ property during a partition suit. CASE TYPE: Civil (Partition Suit) Case Name:

Supreme Court rules on property rights of children from void marriages in partition suits: Raja Gounder vs. M. Sengodan (2024) INSC 47 (19 January 2024) Read Post »

Supreme Court Modifies Child Custody Order Based on Child’s Preference: Selvaraj vs. Revathi (2023)

/ Child Custody, Child Welfare, Family Law, Protection of Women from Domestic Violence Act, 2005, Protection of Women from Domestic Violence Act, 2005 with Section 12

Supreme Court Modifies Child Custody Order Based on Child’s Preference: Selvaraj vs. Revathi (2023) LEGAL ISSUE: Child Custody and Welfare CASE TYPE: Family Law Case Name: Selvaraj vs. Revathi Judgment Date: 6 December 2023 Introduction Date of the Judgment: 6 December 2023 Citation: 2023 INSC 1054 Judges: Vikram Nath, J., Rajesh Bindal, J. Can a

Supreme Court Modifies Child Custody Order Based on Child’s Preference: Selvaraj vs. Revathi (2023) Read Post »

Supreme Court Orders Sale of Father-in-Law’s Property to Clear Daughter-in-Law’s Maintenance Arrears: Manmohan Gopal vs. State of Chhattisgarh (20 October 2023)

/ Constitutional Law, Constitutional Law with Article 142, Family Law, Family Law with Section 25, Hindu Marriage Act, 1955, Maintenance

Supreme Court Orders Sale of Father-in-Law’s Property to Clear Daughter-in-Law’s Maintenance Arrears LEGAL ISSUE: Can a father-in-law be compelled to pay maintenance arrears to his daughter-in-law when her husband has not paid? CASE TYPE: Criminal, Family Law, Maintenance Case Name: Manmohan Gopal vs. The State of Chhattisgarh & Anr. [Judgment Date]: 20 October 2023 Introduction

Supreme Court Orders Sale of Father-in-Law’s Property to Clear Daughter-in-Law’s Maintenance Arrears: Manmohan Gopal vs. State of Chhattisgarh (20 October 2023) Read Post »

Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown: Nikesh Kumar vs. Suman Devi (2023)

/ Constitutional Law, Constitutional Law with Article 142, Divorce, Family Law, Irretrievable Breakdown of Marriage, Judicial Powers

Supreme Court Grants Divorce on Irretrievable Breakdown: Nikesh Kumar vs. Suman Devi (2023) Date of the Judgment: October 20, 2023 Citation: 2023 INSC 961 Judges: Justice Sanjiv Khanna and Justice S.V.N. Bhatti Can a marriage be dissolved if it has irretrievably broken down, even if neither party is at fault? The Supreme Court of India

Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown: Nikesh Kumar vs. Suman Devi (2023) Read Post »

Supreme Court Transfers Matrimonial Cases for Wife’s Convenience: Ankita Bhati vs. Dev Raj Singh Bhati (2023)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Code of Criminal Procedure, 1973 with Section 406, Family Law, Maintenance, Matrimonial Disputes, Transfer of Cases

Supreme Court Transfers Matrimonial Cases for Wife’s Convenience: Ankita Bhati vs. Dev Raj Singh Bhati (2023) LEGAL ISSUE: Transfer of matrimonial disputes cases. CASE TYPE: Family Law, Criminal Law Case Name: Ankita Bhati vs. Dev Raj Singh Bhati [Judgment Date]: July 13, 2023 Introduction Date of the Judgment: July 13, 2023 Citation: 2023 INSC 643

Supreme Court Transfers Matrimonial Cases for Wife’s Convenience: Ankita Bhati vs. Dev Raj Singh Bhati (2023) Read Post »

Supreme Court Transfers Matrimonial Case for Convenience: Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi (2023)

/ Civil Procedure, Civil Procedure with Transfer of Cases, Dhananjaya Y Chandrachud, Family Law, J B Pardiwala, Judges, Matrimonial Disputes, Transfer of Cases

Supreme Court Transfers Matrimonial Case for Convenience: Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi (2023) LEGAL ISSUE: Transfer of matrimonial proceedings from one family court to another for the convenience of the parties. CASE TYPE: Matrimonial/Family Law. Case Name: Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi. [Judgment Date]: May 1, 2023 Introduction Date of the

Supreme Court Transfers Matrimonial Case for Convenience: Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi (2023) Read Post »

Supreme Court Transfers Matrimonial Dispute Case: Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi (2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 25, Dhananjaya Y Chandrachud, Family Law, J B Pardiwala, Judges, Transfer of Matrimonial Cases

Supreme Court Transfers Matrimonial Dispute Case: Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi (2023) Date of the Judgment: 1 May 2023 Citation: Not Available Judges: Dr Dhananjaya Y Chandrachud, CJI and J B Pardiwala, J. Can a matrimonial dispute case be transferred to a court more convenient for the wife? The Supreme Court of India

Supreme Court Transfers Matrimonial Dispute Case: Nitu Devi Somvanshi vs. Rajendra Singh Somvanshi (2023) Read Post »

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 142, Divorce Law, Family Law, Fundamental Rights, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(i-a), Hindu Marriage Act, 1955 with Section 13B, J.K. Maheshwari, Judges, Matrimonial Disputes, Sanjay Kishan Kaul, Sanjiv Khanna, Vikram Nath

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023) LEGAL ISSUE: Scope and extent of the Supreme Court’s power under Article 142 of the Constitution of India to grant divorce, including waiving the mandatory waiting period for mutual consent divorce and granting divorce in cases of irretrievable breakdown

Supreme Court Clarifies Powers Under Article 142 in Divorce Cases: Shilpa Sailesh vs. Varun Sreenivasan (2023) Read Post »

Supreme Court Denies Transfer of Divorce Case: Delma Lubna Coelho vs. Edmond Clint Fernandes (2023)

/ Aravind Kumar, Constitutional Law, Constitutional Law with Article 142, Divorce Proceedings, Family Law, Family Law with Article 142, Judges, Rajesh Bindal, Transfer of Matrimonial Cases

Supreme Court Denies Transfer of Divorce Case: Delma Lubna Coelho vs. Edmond Clint Fernandes (2023) LEGAL ISSUE: Transfer of matrimonial proceedings from one state to another. CASE TYPE: Matrimonial Dispute Case Name: Delma Lubna Coelho vs. Edmond Clint Fernandes Judgment Date: 18 April 2023 Date of the Judgment: 18 April 2023 Citation: Not Available Judges:

Supreme Court Denies Transfer of Divorce Case: Delma Lubna Coelho vs. Edmond Clint Fernandes (2023) Read Post »

DNA Test for Adultery: Supreme Court Limits Use in Matrimonial Cases (20 February 2023)

/ B.V. Nagarathna, Family Law, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 112, Indian Evidence Act, 1872 with Section 114, Judges, Matrimonial Disputes, Presumption of Legitimacy, V. Ramasubramanian

Supreme Court Restricts DNA Tests for Proving Adultery in Matrimonial Disputes LEGAL ISSUE: Whether a court can direct a DNA test of a child to determine adultery in divorce proceedings. CASE TYPE: Matrimonial/Family Law Case Name: Aparna Ajinkya Firodia vs. Ajinkya Arun Firodia Judgment Date: 20 February 2023 Introduction Date of the Judgment: 20 February

DNA Test for Adultery: Supreme Court Limits Use in Matrimonial Cases (20 February 2023) Read Post »

Supreme Court Imposes Sentence for Contempt in Child Custody Case: In Re: Perry Kansagra (2022)

/ Child Custody, Civil Contempt, Constitution of India, Constitution of India with Article 129, Contempt of Court, Criminal Contempt, Family Law, Guardianship, Judges, Pamidighantam Sri Narasimha, Uday Umesh Lalit

Supreme Court Imposes Sentence for Contempt in Child Custody Case: In Re: Perry Kansagra (2022) LEGAL ISSUE: Sentencing for Contempt of Court CASE TYPE: Contempt of Court, Family Law Case Name: In Re: Perry Kansagra Judgment Date: 3 November 2022 Date of the Judgment: 3 November 2022 Judges: Uday Umesh Lalit, CJI, Pamidighantam Sri Narasimha,

Supreme Court Imposes Sentence for Contempt in Child Custody Case: In Re: Perry Kansagra (2022) Read Post »

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