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[SC] Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) – Cancellation of Deed – Legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void. [209 PLR 107]

Family Law

Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)

Family Law

[SC] Hindu Marriage Act, 1955, S. 13(1)(ia) and (ib) – Divorce – Cruelty and desertion –- Intention on the part of the respondent to resume cohabitation is not established – An inference can be drawn that there was animus deserendi on the part of the wife – Has not pleaded and established any reasonable cause for remaining away from her matrimonial home. [2022 PLRonline 0601]

Family Law

Streedhan – Whether the wife receives gold ornaments from her parents or her in-laws, the gold ornaments received in marriage by wife becomes her streedhan – Husband has mortgaged the wife’s streedhan for raising loans – Directed to clear the loan. (ID#444601)

Home Category Family Law

Family Law

Family Law

Matrimonial disputes – Cruelty – Mental cruelty

Matrimonial disputes – Cruelty – Mental cruelty – For considering dissolution of marriage at the instance of a spouse who...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Family Law

Changing perception of cruelty in matrimonial cases – We, the Judges and lawyers, therefore, should not import our own notions of life.

Changing perception of cruelty in matrimonial cases “5. It will be necessary to bear in mind that there has been...

Family Law

Judging cruelty in matrimonial cases.

Judging cruelty in matrimonial cases. “… In matrimonial cases we are not concerned with the reasonable man as we are...

CIVIL

Privacy – Voice Recording – Evidence – Matrimonial disputes – In a private matter between couples the Court should not permit dirty linen to be washed openly

Privacy – Voice Recording – Evidence – Matrimonial disputes - In a private matter between couples the Court should not...

CIVIL

Voice Recording – Whether should be allowed in Evidence.

Privacy – Voice Recording – Evidence - There are voice changing software available on the Net waiting to be downloaded...

CIVIL

Privacy – Recording – Married woman

Privacy – Recording – Married woman - A married woman too has a valuable right to her privacy of speech...

Hindu Marriage Act, 1955

Hindu Marriage Act S. 13B(2) – Consent withdrawn – divorce was granted

Hindu Marriage Act, 1955, Section 13B(2) - Consent withdrawn - One of the parties withdrew the consent - Court held...

Family Law

HMA S. 13B(2) – Statutory period – Waiver of

Hindu Marriage Act, 1955,Section 13B(2) - Statutory period - Waiver of - Where the Court dealing with a matter is...

CPC S. 104 – Procedure prescribed under Order XLIII, Rule 2 CPC applies

Family Law

Continuous cohabitation – Presumption of marriage.

Evidence Act S. 114 Continuous cohabitation of (sic man and) woman as husband and wife and their treatment as such...

Family Law

Presumption in favour of wedlock.

Evidence Act S. 114 Where the partners lived together for long spell as husband and wife there would be presumption...

Family Law

Presumption of a valid marriage – Scope

Scope of the presumption that could be drawn as to the relationship of marriage between two persons living together. Evidence...

COI Art. 227 – Revision – Scope of interference is limited.

Family Law

Law presumes in favour of marriage and against concubinage.

Law presumes in favour of marriage and against concubinage. Presumption of a valid marriage Standard of proof of marriage in Section...

CrPC

CrPC S. 125 – Maintenance – Wife was earning some income

CrPC S. 125 – Merely because the wife was earning some income, it could not be a ground to reject...

CrPC

CrPC S. 125 – Subsisting previous marriage – Maintenance

CrPC S. 125 – Subsisting previous marriage -When marriage took place between the petitioner and respondent No.1, previous marriage of the...

Family Law

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

Ground for desertion upon which the petition for dissolution of marriage was filed does not require that the petitioner must...

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Transfer of Property Act S.106 – Rent Act – Filing of an eviction suit under general law serves as a notice to quit to the tenant without the requirement of a separate notice under Section 106. 2007 PLRonline 0105 (SC)

Streedhan – Whether the wife receives gold ornaments from her parents or her in-laws, the gold ornaments received in marriage by wife becomes her streedhan – Husband has mortgaged the wife’s streedhan for raising loans – Directed to clear the loan. (ID#444601)

Family Law

Matrimonial disputes – Cruelty – Mental cruelty

Changing perception of cruelty in matrimonial cases – We, the Judges and lawyers, therefore, should not import our own notions of life.

Judging cruelty in matrimonial cases.

Privacy – Voice Recording – Evidence – Matrimonial disputes – In a private matter between couples the Court should not permit dirty linen to be washed openly

Voice Recording – Whether should be allowed in Evidence.

Privacy – Recording – Married woman

Hindu Marriage Act S. 13B(2) – Consent withdrawn – divorce was granted

HMA S. 13B(2) – Statutory period – Waiver of

Continuous cohabitation – Presumption of marriage.

Presumption in favour of wedlock.

Presumption of a valid marriage – Scope

Law presumes in favour of marriage and against concubinage.

CrPC S. 125 – Maintenance – Wife was earning some income

CrPC S. 125 – Subsisting previous marriage – Maintenance

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

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