Family Law

Supreme Court Enhances Visitation Rights for Mother in Child Custody Case

/ Aniruddha Bose, Child Custody, Deepak Gupta, Family Law, Guardians and Wards Act, 1890, Judges, Visitation Rights

Supreme Court Enhances Visitation Rights for Mother in Child Custody Case LEGAL ISSUE: Determining adequate visitation rights for a non-custodial parent. CASE TYPE: Child Custody Case Name: Amyra Dwivedi (Minor) Through her Mother, Smt. Pooja Sharma Dwivedi vs. Abhinav Dwivedi and Another [Judgment Date]: March 6, 2020 Date of the Judgment: March 6, 2020 Citation: […]

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Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020)

/ Ashok Bhushan, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 21 Rule 34, Execution of Decree, Family Dispute, Family Law, Family Settlement, Judges, M.R. Shah

Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020) LEGAL ISSUE: Whether a part of a consent decree, specifically the allotment of properties, can be executed independently when the decree also mandates a further supplementary agreement between the parties. CASE TYPE: Civil, Family

Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020) Read Post »

Child Custody in International Disputes: Supreme Court Addresses Habeas Corpus and Parental Rights in Yashita Sahu vs. State of Rajasthan (20 January 2020)

/ Aniruddha Bose, Child Custody, Constitutional Law, Constitutional Law with Article 226, Deepak Gupta, Family Law, Habeas Corpus, Judges, Parental Rights

Supreme Court Rules on Child Custody in International Disputes: Yashita Sahu vs. State of Rajasthan (2020) LEGAL ISSUE: Whether a writ of habeas corpus is maintainable for child custody when a child is with a natural guardian, and the extent to which Indian courts should consider foreign court orders in child custody matters. CASE TYPE:

Child Custody in International Disputes: Supreme Court Addresses Habeas Corpus and Parental Rights in Yashita Sahu vs. State of Rajasthan (20 January 2020) Read Post »

Child Custody: Supreme Court Affirms Father’s Custody Based on Child’s Preference (2019) INSC 1004 (16 December 2019)

/ Child Custody, Child Welfare, Family Law, Guardians and Wards Act, 1890, Guardians and Wards Act, 1890 with Section 7, Indu Malhotra, Judges, Krishna Murari, Parens Patriae Jurisdiction, Uday Umesh Lalit

Supreme Court Upholds Father’s Custody in Child Welfare Case Date of the Judgment: 16 December 2019 Citation: (2019) INSC 1004 Judges: Uday Umesh Lalit, J., Indu Malhotra, J., Krishna Murari, J. Can a child’s preference be the deciding factor in a custody battle? The Supreme Court of India recently addressed this critical question in a

Child Custody: Supreme Court Affirms Father’s Custody Based on Child’s Preference (2019) INSC 1004 (16 December 2019) Read Post »

Supreme Court overturns High Court order on document production in family dispute: Ashi Kumar vs. Aseem Agarwal (2019)

/ A.M. Khanwilkar, Constitution of India, Constitutional Law with Article 227, Dinesh Maheshwari, Document Production, Family Law, Judges, Undertaking to Court

Supreme Court overturns High Court order on document production in family dispute: Ashi Kumar vs. Aseem Agarwal (2019) Date of the Judgment: 16 December 2019 Citation: Ashi Kumar v. Aseem Agarwal (2019) INSC 971 Judges: A.M. Khanwilkar, J. and Dinesh Maheshwari, J. Can a High Court interfere with a Family Court’s order compelling a party

Supreme Court overturns High Court order on document production in family dispute: Ashi Kumar vs. Aseem Agarwal (2019) Read Post »

Supreme Court Dissolves Marriage by Mutual Consent Under Article 142: Praveen Singh vs. Neelam Singh (2019)

/ Constitutional Law, Constitutional Law with Article 142, Divorce, Family Law, Judges, R. Banumathi, S. Abdul Nazeer

Supreme Court Dissolves Marriage by Mutual Consent Under Article 142: Praveen Singh vs. Neelam Singh (2019) LEGAL ISSUE: Whether the Supreme Court can dissolve a marriage by mutual consent by exercising its powers under Article 142 of the Constitution of India, even after lower courts have declined to grant a divorce. CASE TYPE: Family Law,

Supreme Court Dissolves Marriage by Mutual Consent Under Article 142: Praveen Singh vs. Neelam Singh (2019) Read Post »

Supreme Court Allows Child to Study in School of His Choice: Nutan Gautam vs. Prakash Gautam (2019)

/ Child Custody, Child Education, Family Law, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(ia)(iii), Judges, R. Banumathi, R. Subhash Reddy

Supreme Court Allows Child to Study in School of His Choice: Nutan Gautam vs. Prakash Gautam (2019) LEGAL ISSUE: Whether a child can be compelled to study in a specific school against their wishes. CASE TYPE: Family Law Case Name: Nutan Gautam vs. Prakash Gautam Judgment Date: April 5, 2019 Date of the Judgment: April

Supreme Court Allows Child to Study in School of His Choice: Nutan Gautam vs. Prakash Gautam (2019) Read Post »

Child Legitimacy in Irregular Muslim Marriages Upheld: Supreme Court Decision in Mohammed Salim vs. Shamsudeen (22 January 2019)

/ Family Law, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 35, Inheritance, Judges, Marriage, Mohan M. Shantanagoudar, Muslim Law, N.V. Ramana

Supreme Court Upholds Child Legitimacy in Irregular Muslim Marriages: Mohammed Salim vs. Shamsudeen (2019) LEGAL ISSUE: Whether a child born from an irregular Muslim marriage (fasid) is considered legitimate and entitled to inherit property. CASE TYPE: Civil (Property Partition and Inheritance) Case Name: Mohammed Salim (D) Through Lrs. & Ors. vs. Shamsudeen (D) Through Lrs.

Child Legitimacy in Irregular Muslim Marriages Upheld: Supreme Court Decision in Mohammed Salim vs. Shamsudeen (22 January 2019) Read Post »

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018)

/ Civil Law, Civil Procedure, Family Law, Hemant Gupta, Judges, Kurian Joseph, Mediation, Property Law, Settlement

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018) LEGAL ISSUE: Resolution of ancestral property rights through court-facilitated mediation. CASE TYPE: Civil (Property Dispute). Case Name: Meenakshi Juneja & Anr. vs. State of NCT of Delhi & Ors. Judgment Date: 26 November 2018 Introduction Date of the

Supreme Court Settles Family Property Dispute through Mediation: Meenakshi Juneja vs. State of NCT of Delhi (2018) Read Post »

Supreme Court settles family property dispute through amicable settlement: Madan Mohan vs. Jawahar Lal (2018)

/ A.M. Khanwilkar, Civil Law, Civil Procedure, Family Law, Judges, Kurian Joseph, Settlement

Supreme Court Settles Family Property Dispute Through Settlement: Madan Mohan vs. Jawahar Lal (2018) LEGAL ISSUE: Resolution of property disputes among family members through amicable settlement. CASE TYPE: Civil dispute, family property. Case Name: Madan Mohan vs. Jawahar Lal (Dead) Through Lrs. & Ors. [Judgment Date]: October 05, 2018 Introduction Date of the Judgment: October

Supreme Court settles family property dispute through amicable settlement: Madan Mohan vs. Jawahar Lal (2018) Read Post »

Supreme Court Remands Maintenance Case: Harish Chand vs. Smt. Urmila (20 September 2018)

/ Abhay Manohar Sapre, Family Law, Judges, Maintenance, Revision Petitions, S. Abdul Nazeer

Supreme Court Remands Maintenance Case: Harish Chand vs. Smt. Urmila (20 September 2018) LEGAL ISSUE: Whether the High Court correctly dismissed a revision petition regarding a maintenance order without proper reasoning. CASE TYPE: Family Law – Maintenance Case Name: Harish Chand vs. Smt. Urmila Judgment Date: 20 September 2018 Introduction Date of the Judgment: 20

Supreme Court Remands Maintenance Case: Harish Chand vs. Smt. Urmila (20 September 2018) Read Post »

Supreme Court Remands Maintenance Case Due to Cryptic High Court Order: Harish Chand vs. Smt. Urmila (20 September 2018)

/ Abhay Manohar Sapre, Code of Criminal Procedure, Code of Criminal Procedure with Section 397, Family Law, Judges, Maintenance, S. Abdul Nazeer

Supreme Court Remands Maintenance Case Due to Cryptic High Court Order: Harish Chand vs. Smt. Urmila (2018) LEGAL ISSUE: The core legal issue revolves around the proper procedure for a High Court to follow when reviewing a family court’s order in a maintenance case. Specifically, the Supreme Court addressed whether a High Court can dismiss

Supreme Court Remands Maintenance Case Due to Cryptic High Court Order: Harish Chand vs. Smt. Urmila (20 September 2018) Read Post »

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