Family Law
[SC] CrPC S. 125 – Husband being an able-bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child.
CrPC, Section 125 - Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a...
Read more
CrPC S. 125 – Right of husband to cross-examine the witnesses of the wife was closed, as he had failed to appear before the Family Court despite the issuance of warrants, clearly established that he had no regards for his own family nor had any regards for the Court or for the law – Allegations made by the wife in her evidence before the Court had remained unchallenged and, therefore, there was no reason for the Family Court to disbelieve her version.
CrPC, Section 125 – Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a...
Read more
Cr.P.C. , 1973 – S. 125, 362 – S. 125 itself indicates that the Court after passing judgment or final order in the proceeding under Section 125 Cr.P.C. does not become functus officio –
Cr.P.C. , 1973 - S. 125, 362 – S. 125 itself indicates that the Court after passing judgment or final...
Read more
Protection of Women from Domestic Violence Act 2005 – Tenancy – Dispute between husband and wife – Does not affect the landlords rights over the property
read HERE PLRonline 427574 PLRonline 427574
Read more
CrPC S. 125 – Whether the Magistrate is precluded from passing multiple sentences by entertaining a consolidated application for recovery of dues beyond one month.
CrPC, S. 125 - "Whether the Magistrate is precluded from passing multiple sentences by entertaining a consolidated application for recovery...
Read moreHMA S. 9, 13(1-A)(ii) , 23(1)(a) – Decree for restitution of Conjugal rights passed against wife not complied – She is still entitled to divorce.
Hindu Marriage Act, 1955 Section 9, 13(1-A)(ii) , 23(1)(a) - Decree for restitution of Conjugal rights passed against wife under...
Read more
Hindu Adoption and Maintenance Act, 1956, S. 19 and 22 – Interim maintenance – Claim of Widow and son of deceased son from father –in-law – Have every right to claim the maintenance after the death of husband from the estate inherited by her father-in-law .
Mr. Bipin Joshi a/w Mr. Prayag Joshi for Petitioner. Mr. G.L. Bajaj for Respondent Hindu Adoption and Maintenance Act,...
Read more
HMA S. 13B(2) – Statutory period – Waiver of – Irreconcilable differences
Hindu Marriage Act, 1955, S. 13B(2) – Statutory period – Waiver of - Irreconcilable differences - Parties are both...
Read moreHMA S. 13(2) – The waiting period gives the spouses time to forgive and forget
Hindu Marriage Act, 1955, S. 13B(2) , 14 - Object of Section 13B(2) read with Section 14 is to...
Read moreSenior Citizens Act S. 2(a) – Direction to Daughter-in-law to pay maintenance amount to aged Mother-in –law – Section 2(a), ‘children’ include son, daughter, grandson and grand-daughter and there is no reference to the daughter-in-law.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 2(a) - Direction to Daughter-in-law to pay maintenance amount...
Read more[SC] HMA S. 13(1)(i-a) – Marriage was never consummated and the parties have been living separately from the date of marriage for almost 20 years
Hindu Marriage Act, 1955 S. 13(1)(i-a) – Constitution of India, Article 142 – We are, faced with a marriage which...
Read more[SC] Family Law – Marriage – A marriage is more than a seemingly simple union between two individuals. As a social institution, all marriages have legal, economic, cultural, and religious ramifications.
Family Law - Marriage - A marriage is more than a seemingly simple union between two individuals. As a social...
Read more[SC] HMA S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings – Continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition
Hindu Marriage Act, 1955 S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings - Continuing acts of the...
Read more[SC] HMA S. 13(1)(i-a) – Consent – There is no necessity of consent by both the parties for exercise of powers under Article 142 of the Constitution of India to dissolve the marriage on the ground of irretrievable breakdown of marriage
Hindu Marriage Act, 1955 S. 13(1)(i-a) – Constitution of India, Article 142 – Divorce – Marital discord –- At no...
Read moreHMA S. 13(1)(ia) — Divorce on the ground of cruelty — Non consummation of marriage
Hindu Marriage Act, 1955 Sec. 13(1)(ia) — Divorce on the ground of cruelty — Non consummation of marriage — Appellant-wife...
Read more