Family Law
SMT. S VANITHA V. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, 2020 SCeJ 2140, (2021-1)201 PLR 117 (SC)
2020 SCeJ 2140, (2021-1)201 PLR 117 (SC) SUPREME COURT OF INDIA Before : Justice Dr. Dhananjaya Y. Chandrachud, Justice Indu...
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Custody of minor child – Interest and welfare to be judged on the basis of acknowledged superiority of the mother’s love and affection – Habeas Corpus maintainable by one parent – Mental Health of mother – Effect of. [2023 PLRonline 469657]
LogIn here to read full text Mansi v. State of Punjab, (2023-1)209 PLR 758 PUNJAB AND HARYANA HIGH COURT Before:...
Read moreSenior Citizens Act, 2007, S. 23 (1) and (2) – Gift deed does not contain any stipulation that the respondent is under the obligation to maintain the appellant – S. 23 not applicable. [2023 PLRonline 0005]
The transaction could be declared as null and void provided the same contains the stipulation that the transferee shall maintain...
Read moreChild custody – Writ of Habeas Corpus, the doctrine of Parens Patriae, the doctrines of comity of courts, the doctrine of Parental Alienation Syndrome, citizenship of the child, and the paramount interest and welfare of the child. [PLRonline 481501 (SC), 2023 SCeJ 0170]
Various considerations that should be taken into account when determining child custody, such as the writ of Habeas Corpus, the...
Read moreCustody of Child – Question of custody and welfare of the child being supreme – Can only be decided on the basis of evidence – Relegated to avail the remedy under the Guardian and Wards Act to seek the custody of the minor child before the appropriate Court – Habeas corpus [PLRonline 3313405]
Custody of Child - Question of custody and welfare of the child being supreme - Can only be decided on...
Read moreCustody of child – Disputed questions of fact as to who was in a better position to take care of the minor child, the parties were free to approach the Civil Court for the redressal of their grievances [PLRonline 403505]
Mother claimed custody of a child from the father – Held that the custody of the father could not be...
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Indian Succession Act S. 63(c) – Wills, co-ownership of land, and the ability to seek possession or partition of agricultural land. [2020 PLRonline 5205]
Sucha Ram (since deceased) through Lrs v. Lachhman Dass, 2020 PLRonline 5205 The testimony of attesting witnesses is silent with...
Read moreHabeas corpus – Minor – For restoration of the custody of a minor from a person who according to the personal law, is not his legal or natural guardian, in appropriate cases, the writ court has jurisdictionHabeas corpus Father fitness. Best welfare of the child – Hindu Minority and Guardianship Act, 1956, S. 6 [SCeJ 3312405]
Writ of habeas corpus in child custody matters - The writ of habeas corpus is an extraordinary remedy used to...
Read moreCruelty – Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]
LogIn/Subscribe to read judgment 2022 PLRonline 590 HIGH COURT OF KARNATAKA AT BENGALURU Justice Alok Aradhe and Justice S. Vishwajith...
Read moreChildren custody – Best Interest of Child – Scope of – Habeas Corpus – Children natural citizens of USA , are in the grips of their mother – Continuance of present status, will damage their progress in academics, and their emotional quotient. [(2023-1)209 PLRIJ 059]
Habeas Corpus Petition to secure the custody of his minor sons, who are naturalised American citizens, from the illegal custody...
Read moreSatish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)
SUPREME COURT OF INDIA (Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.) SATISH CHANDER AHUJA - Appellant v. SNEHA...
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Hindu Marriage Act, S. 28-A – Enforcement/Execution of orders of maintenance
Hindu Marriage Act, 1955 (25 of 1955) Section 28-A – Criminal Procedure Code, 1974 (II of 1974) Section 128 –...
Read moreHindu Marriage Act, S. 24 – Permanent alimony – Quantum of maintenance – CrPC S. 125
Hindu Marriage Act, 1955 (25 of 1955) Section 24 – Criminal Procedure Code, 1974 (II of 1974) – Family Courts...
Read moreHindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony
Hindu Marriage Act, 1955 (25 of 1955) Section 24 (as amended by Act 49 of 2001 w.e.f. 24.09.2001) – Criminal...
Read moreCrPC S. 125 – Maintenance – Overlapping jurisdiction – Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount
Special Marriage Act, 1954 (43 of 1954) Section 36, 37 – Hindu Marriage Act, 1955 (25 of 1955) Section 24,...
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