Hindu Marriage Act, 1955

Supreme Court grants divorce based on irretrievable breakdown and cruelty: Sivasankaran vs. Santhimeenal (2021)

/ Constitutional Law, Constitutional Law with Article 142, Cruelty, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(i-a), Hrishikesh Roy, Irretrievable Breakdown of Marriage, Judges, Sanjay Kishan Kaul

Supreme Court grants divorce based on irretrievable breakdown and cruelty: Sivasankaran vs. Santhimeenal (2021) LEGAL ISSUE: Whether a marriage can be dissolved on the grounds of irretrievable breakdown and cruelty, even if one party does not consent. CASE TYPE: Matrimonial/Divorce Law Case Name: Sivasankaran vs. Santhimeenal Judgment Date: 13 September 2021 Introduction Date of the […]

Supreme Court grants divorce based on irretrievable breakdown and cruelty: Sivasankaran vs. Santhimeenal (2021) Read Post »

Supreme Court settles mental cruelty as grounds for divorce in Army Officer’s case: Joydeep Majumdar vs. Bharti Jaiswal Majumdar (2021) INSC 78

/ Dinesh Maheshwari, Divorce, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13, Hrishikesh Roy, Judges, Matrimonial Law, Mental Cruelty, Restitution of Conjugal Rights, Sanjay Kishan Kaul

Supreme Court settles mental cruelty as grounds for divorce in Army Officer’s case: Joydeep Majumdar vs. Bharti Jaiswal Majumdar (2021) INSC 78 LEGAL ISSUE: Whether making malicious complaints against a spouse to their superiors and other authorities constitutes mental cruelty sufficient for divorce. CASE TYPE: Matrimonial Law Case Name: Joydeep Majumdar vs. Bharti Jaiswal Majumdar

Supreme Court settles mental cruelty as grounds for divorce in Army Officer’s case: Joydeep Majumdar vs. Bharti Jaiswal Majumdar (2021) INSC 78 Read Post »

Supreme Court Clarifies Maintenance Laws and Procedures in Matrimonial Disputes (2020)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 24, Hindu Marriage Act, 1955 with Section 25, Indu Malhotra, Judges, Maintenance of Wives, Children and Parents, R. Subhash Reddy

Supreme Court Guidelines on Maintenance in Matrimonial Cases LEGAL ISSUE: Guidelines for maintenance in matrimonial disputes, addressing overlapping jurisdictions and enforcement. CASE TYPE: Family Law, Criminal Procedure. Case Name: Rajnesh vs. Neha & Anr. [Judgment Date]: 4 November 2020 Introduction Date of the Judgment: 4 November 2020 Citation: (2020) INSC 730 Judges: Indu Malhotra, J.,

Supreme Court Clarifies Maintenance Laws and Procedures in Matrimonial Disputes (2020) Read Post »

Child Custody and Relocation: Supreme Court Permits Mother to Take Child to Singapore: Ritika Sharan vs. Sujoy Ghosh (28 October 2020)

/ Dhananjaya Y Chandrachud, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(i-a), Hindu Marriage Act, 1955 with Section 26, Indira Banerjee, Indu Malhotra, Judges, Protection of Women from Domestic Violence Act 2005

Supreme Court Allows Mother to Take Child to Singapore in Custody Battle: Ritika Sharan vs. Sujoy Ghosh (2020) LEGAL ISSUE: Child custody and relocation disputes in the context of parental separation. CASE TYPE: Family Law (Custody and Relocation) Case Name: Mrs Ritika Sharan vs. Mr Sujoy Ghosh [Judgment Date]: 28 October 2020 Introduction Date of

Child Custody and Relocation: Supreme Court Permits Mother to Take Child to Singapore: Ritika Sharan vs. Sujoy Ghosh (28 October 2020) Read Post »

Supreme Court Clarifies Validity of Second Marriage During Appeal of Divorce Decree: Krishnaveni Rai vs. Pankaj Rai (2020) INSC 191 (19 February 2020)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 125, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 11, Hindu Marriage Act, 1955 with Section 15, Hindu Marriage Act, 1955 with Section 5, Indira Banerjee, Judges, M.R. Shah

Supreme Court Clarifies Validity of Second Marriage During Appeal of Divorce Decree Date of the Judgment: 19 February 2020 Citation: (2020) INSC 191 Judges: Indira Banerjee, J. and M.R. Shah, J. Can a second marriage be considered void if it takes place while an appeal against a divorce decree is pending? The Supreme Court of

Supreme Court Clarifies Validity of Second Marriage During Appeal of Divorce Decree: Krishnaveni Rai vs. Pankaj Rai (2020) INSC 191 (19 February 2020) Read Post »

Irretrievable Breakdown of Marriage: Supreme Court Grants Divorce in Munish Kakkar vs. Nidhi Kakkar (2019)

/ Constitutional Law, Constitutional Law with Article 142, Divorce, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13(1)(ia), Judges, K.M. Joseph, Sanjay Kishan Kaul

Supreme Court Grants Divorce on Grounds of Irretrievable Breakdown of Marriage: Munish Kakkar vs. Nidhi Kakkar (2019) LEGAL ISSUE: Whether a divorce can be granted on the ground of irretrievable breakdown of marriage, even when it is not a statutory ground for divorce under the Hindu Marriage Act, 1955. CASE TYPE: Matrimonial Dispute/Divorce Case Name:

Irretrievable Breakdown of Marriage: Supreme Court Grants Divorce in Munish Kakkar vs. Nidhi Kakkar (2019) Read Post »

Supreme Court Upholds Trial Court Decision: Marriage Not Proven in Property Dispute

/ Evidence Act, 1872, Evidence Act, 1872 with Section 102, Hemant Gupta, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 11, Hindu Marriage Act, 1955 with Section 5, Hindu Marriage Act, 1955 with Section 7, Judges, L. Nageswara Rao

Supreme Court Upholds Trial Court Decision: Marriage Not Proven in Property Dispute LEGAL ISSUE: Whether a marriage is valid when not performed with proper ceremonies and customs, and if the parties are within prohibited degrees of relationship. CASE TYPE: Civil Property Dispute Case Name: Rathnamma & Ors. vs. Sujathamma & Ors. Judgment Date: 15 November

Supreme Court Upholds Trial Court Decision: Marriage Not Proven in Property Dispute Read Post »

Irretrievable Breakdown of Marriage: Supreme Court Grants Divorce in R. Srinivas Kumar vs. R. Shametha (2019)

/ Constitutional Law, Constitutional Law with Article 142, Divorce, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13, Judges, M.R. Shah, Sanjay Kishan Kaul

Supreme Court Grants Divorce Based on Irretrievable Breakdown of Marriage: R. Srinivas Kumar vs. R. Shametha (2019) LEGAL ISSUE: Whether a marriage can be dissolved based on the ground of irretrievable breakdown, even if one party does not consent. CASE TYPE: Matrimonial Law Case Name: R. Srinivas Kumar vs. R. Shametha Judgment Date: 04 October

Irretrievable Breakdown of Marriage: Supreme Court Grants Divorce in R. Srinivas Kumar vs. R. Shametha (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 »

Supreme Court settles compassionate appointment for children of second marriages in service matters (11 December 2018)

/ Constitutional Law, Constitutional Law with Article 14, Dhananjaya Y Chandrachud, Fundamental Rights, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 16, Judges, M.R. Shah, Void Marriages

Supreme Court Rules on Compassionate Appointment for Children of Second Marriages LEGAL ISSUE: Whether children born from a second marriage are eligible for compassionate appointment. CASE TYPE: Service Law. Case Name: Union of India & Anr. vs. V.R. Tripathi. [Judgment Date]: 11 December 2018 Introduction Date of the Judgment: 11 December 2018 Citation: 2018 INSC

Supreme Court settles compassionate appointment for children of second marriages in service matters (11 December 2018) Read Post »

Supreme Court Dissolves Marriage Due to Irretrievable Breakdown: Manju Kumari Singh vs. Avinash Kumar Singh (25 July 2018)

/ Abhay Manohar Sapre, Constitutional Law, Constitutional Law with Article 142, Divorce, Hindu Marriage Act, 1955, Irretrievable Breakdown of Marriage, Judges, Uday Umesh Lalit

Supreme Court Dissolves Marriage Due to Irretrievable Breakdown: Manju Kumari Singh vs. Avinash Kumar Singh (2018) LEGAL ISSUE: Whether a marriage can be dissolved due to irretrievable breakdown when the parties have been living separately for a long time and there is no possibility of reconciliation. CASE TYPE: Matrimonial Law Case Name: Manju Kumari Singh

Supreme Court Dissolves Marriage Due to Irretrievable Breakdown: Manju Kumari Singh vs. Avinash Kumar Singh (25 July 2018) Read Post »

Supreme Court Allows Mother to Keep Child in India, Overturns Delhi High Court Order

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 226, D.Y. Chandrachud, Dipak Misra, Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13, Hindu Marriage Act, 1955 with Section 26, Judges

Supreme Court Allows Mother to Keep Child in India, Overturns Delhi High Court Order LEGAL ISSUE: International Child Custody and Habeas Corpus; CASE TYPE: Family Law; Case Name: Mrs. Kanika Goel vs. State of Delhi and Anr.; Judgment Date: 20 July 2018 Date of the Judgment: 20 July 2018 Citation: (2018) INSC 647 Judges: Dipak

Supreme Court Allows Mother to Keep Child in India, Overturns Delhi High Court Order Read Post »

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