Family Law
Hindu 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,...
Read moreCrPC S. 125 – Husband a doctor – Is morally, ethically and statutorily duty bound to maintain his wife and daughter – Status of the wife and her financial status required to be looked into by the court. (2023-1)209 PLR 448
LogIn to read and download judgment (2023-1)209 PLR 448 PUNJAB AND HARYANA HIGH COURT Before: Jagmohan Bansal, J. AMIT MANCHANDA...
Read moreCrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself
Unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, merely on the ground that she does...
Read moreAdoption by a widow [SC]
On adoption by a widow, the adopted son or daughter is deemed to be a member of the family of...
Read moreAdoption – Effects of adoption by a Hindu widow [SC]
Consequences of adoption as listed under Section 12 of the Act - Effects of adoption by a Hindu widow "5....
Read moreHindu Succession Act S.14(1) – Widow – Gets absolute right in property.
Hindu Succession Act (1956), S.14(1) - Right of widow - Hindu female has a right to be maintained by her...
Read moreHindu Succession Act S.14(1), S.14(2) – Widow – Property acquired under compromise. [SC]
Hindu Succession Act (30 of 1956), S.14(1), S.14(2) - Applicability - Property acquired under compromise in lieu of satisfaction of...
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IPC, S.498-A – Compromise – Armyman – High Court should have accepted the settlement and quashed all proceedings with annulment of the orders. [SC]
IPC S. 498-A – Settlement between the parties, maintaining of conviction of the appellant of the offence under Section 498-A...
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DV Act, S. 12 – Proceedings under Section 12 of the D.V. Act is Civil in nature and not Criminal.
Protection of Women from Domestic Violence Act, 2005 (43 of 2005), S. 12 - Proceedings under Section 12 of the...
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DVA S. 12 – “Whether a proceeding under Section 12 of the D.V. Act can be challenged under Article 227 of the Constitution or under Section 482 of Cr.P.C. ?
Protection of Women from Domestic Violence Act, 2005 (43 of 2005), S. 12 - “Whether a proceeding under Section 12...
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Custody of child – Application of mother to take the child out of the country where she is working
Ever since the appellant and the respondent started living apart child is in the care and custody of the appellant-mother...
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COI Art. 142 – The interests of the child are best subserved by ensuring that both the parents have a presence in his upbringing
Constitution of India, Article 142 - Custody of child - In matters such as the present, the welfare of the...
Read moreHMA S.13(1)(ia) – Cruelty – Denial of sexual relationship – Wilful denial of sexual relationship
2003 PLRonline 0009 MADRAS HIGH COURT P. SATHASIVAM AND A.K. RAJAN, JJ. S. Indrakumari v. S. Subbaiah V.C.M.P. No.17356 of...
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