Family Law
Hindu Succession Act S. 6, 8 – Coparcenary property – Once the property had been acquired by way of succession, it would lose its ancestral character . (2023-4)212 PLR 596]
When a property is received by way of natural succession under Section 8 of the Hindu Succession Act, 1956, by...
Read moreGuardians and Wards Act – Girl child – Aged 10-11 years – Welfare of the child – Legal rights of parties have no consideration – What is the wish and desire of the child is different from What would be in the best interest of the child – No straight jacket formula to adjudicate the question of interim custody. [PLRonline 473683]
GUARDIANS AND WARDS ACT, 1890, S. 25 - CUSTODY OF CHILD 1. Welfare of the Child as Paramount Consideration -...
Read moreSuit for maintenance – Court fee – Ad valorem – If a petition is filed before the Family Court for the purpose of maintenance then in terms of Section 7 of the Act ad volorem Court fee is not liable to be paid. [PLRonline 3319205]
proceedings initiated are in the nature of the petition and not the suit
Read moreHindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]
(2023-1)209 PLR 060 PUNJAB AND HARYANA HIGH COURT Before: Mrs. Justice Alka Sarin. RAM CHANDER – Appellant, Versus PRITO and...
Read moreMaternity Benefit Act, 1961 – Fundamental Rule 101(a) as applicable to State Government servants – Maternity leave only for two surviving children and there is no provision for grant of maternity leave for the third child – Upheld. [2023 PLRonline 0112]
. . Yasotha v. The Government of Tamilnadu,, (2023-3)211 PLR 148 (Mad.), 2023 PLRonline 0112 (Mad.) HIGH COURT OF JUDICATURE...
Read moreHMA S. 13 (1) (ia) – Where the wife files a false criminal complaint against the husband and his family members u/s 406/498-A , which results in their acquittal, this act of the wife tantamount to mental cruelty and the husband would be entitled to a decree of divorce. [ID 323702]
Imlesh v. Amit , 2014 PLRonline 0212 2014 PLRonline 0212 HIGH COURT OF PUNJAB AND HARYANA Before: JUSTICE S.S. SARON,....
Read more[SC] HMA S. 13 – Divorce – Irretrievable breakdown of marriage – After 10 days of marriage, FIR registered u/s 498A – Parties not subserved the very objective of marriage of companionship for each other from very inception and living apart for more than 19 years. [ID 5416402]
Poonam v. Surender Kumar, 2021 SupremeCourtOnline 5205 (SC) 2021 SupremeCourtOnline 5205 (SC) SUPREME COURT OF INDIA Before:-Sanjay Kishan Kaul and...
Read moreMaintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 16(1) – Right to appeal – Whether right to appeal is available to Senior Citizen/Parent or other party as well – Right of appeal is conferred on both the sides.
Paramjit Kumar Saroya v. Union of India, 2014 PLRonline 221702 Full Judgment with detailed headnotes for Online Subscribers (opens automatically)...
Read moreHMA S. 13(1)(1-a) – Desertion – Not made out – It is not expected that the wife should be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.
2023 PLRonline 0108 (Chatt.) HIGH COURT OF CHHATTISGARH, BILASPUR Before: Goutam Bhaduri, Sanjay Kumar Jaiswal, JJ FAM No. 300 of...
Read moreCrPC S. 125 – Reasons for the petitioners not to be living along with the respondent cannot be adjudicated, in the proceedings u/s 125CrPC S. 125. [(2023-3)211 PLR 144]
(2023-3)211 PLR 144 (Kar.) = 2023 PLRonline 455681 HIGH COURT OF KARNATAKA (DHARWAD BENCH) Before: Justice C.M. Poonacha SMT. RENUKA...
Read moreProperty in wifes name purchased out of the finances sent by the husband while working abroad – Both the plaintiff and the wife are entitled to equal shares – Gift given by husband is exclusive property of wife. (2023-2)210 PLRIJ 026
Property purchased in the wife's name using the finances sent by the husband while working abroad entitles both the husband...
Read moreHindu Law – Family Settlement – Limitation – No period of limitation is prescribed for filing a suit for possession on the basis of inheritance. [ID 471672]
LogIn to read Full Text Hindu Law – Family Settlement – Limitation - In the absence of any evidence proving...
Read moreHMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]
LogIn to for full text. Click here 2023 SCeJ 0234 = PLRonline 445602 (SC) SUPREME COURT OF INDIA Present: Justice Sanjay...
Read moreDNA – Evidentiary value of blood tests for determining paternity
The evidentiary value of blood tests for determining paternity, has been discussed in Rayden and Jackson on Divorce and Family...
Read moreDNA – Right to personal liberty, privacy – Refusal. [2021 PLRonline 5203]
2021 PLRonline 5203, ASHOK KUMAR v. RAJ GUPTA SUPREME COURT OF INDIA ( Before : R. Subhash Reddy and Hrishikesh...
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