Archive for March, 2009
Succession to the property in the Indian Christians
Supreme Court of India (dated : 24th February, 1986 ) (p.n.bhagwati. Chief Justice & J. Pathak R.S. ) Writ Petition (Civil) No.8260 of 1983 (Under Article 32 of the Constitution of India) MRS. MARY ROY ETC .. PETITIONER Vs. STATE OF KERALA & ORS .. RESPONDENT Counsels:- For the Petitioners:Ms. Indira Jai Singh, Ms. Kamini [...]
Maintenance to unmarried daughter who attained majority
Kerala High court Citation : Mat.Appeal.No. 193 of 2004 OP. 328/1997 of Family Court, Thrissur Viswambharam : Appellant Vs. Dhanya & anr : Respondents Judgment : R.Basant, J:_ 1. Is an unmarried daughter, who has attained majority, entitled to claim maintenance under Sec.20 of the Hindu Adoptions and Maintenance Act from her father? This is [...]
RESTITUTION OF CONJUGAL RIGHTS-CONSTITUTIONAL VALIDITY
Andhra High Court T. Sareetha vs T. Venkata Subbaiah on 1/7/1983 ORDER 1. This civil revision petition is filed by sareetha, a well- known film actress of the south Indian screeen agianst an order passed by the learned subordinate Judge , cuddapah ,overruling her objection raised to the enter taining of an application filed by [...]
WIFE HAS NO RIGHT ON MOTHER IN LAW’S PROPERTY
Citation : 2007 (1)l 4LRC SC Judgment :Appeal (civil) 5837 of 2006 PETITIONER:S.R. Batra and Anr. VS Smt. Taruna Batra DATE OF JUDGMENT: 15/12/2006 BENCH:S.B. Sinha & Markandey Katju JUDGMENT:MARKANDEY KATJU, J. Leave granted. This appeal has been filed against the impugned judgment of the Delhi High Court dated 17.1.2005 in C.M.M. No. 1367 of [...]
Mental cruelty cannot be different in a civil case and in a criminal case
Supreme Court of India PETITIONER:SIRAJMOHMEDKHAN JANMOHAMADKHAN Vs. RESPONDENT:HAFIZUNNISA YASINKHAN & ANR. DATE OF JUDGMENT14/09/1981 BENCH:FAZALALI, SYED MURTAZA,SEN, A.P. (J) CITATION: 1981 AIR 1972 1982 SCR (1) 695 1981 SCC (4) 250 1981 SCALE (3)1400 ACT: Code of Criminal Procedure, 1973-Section (3)-Scope of- Husband’s impotence to have sexual relations with his wife- Whether a just ground [...]
Women to Prove ligitimacy of child for maintenance
Karnataka High Court Chaya vs K.G. Channappa Gowda on 22/9/1992 ORDER 1. This Criminal Revision Petition is filed by the petitioner under section 397, Cr.P.C. against the order dated 25-10-1989 passed by the Prl. Sessions Judge, Shimoga in Cr.R.P. No. 12/89 setting aside the order dated 11-1-1989 passed by the Munsiff and J.M.F.C., Thirthahalli in [...]
Burden is upon the woman to establish the paternity.
Himachal Pradesh High Court Darje Wangial vs Karam Singh on 18/11/1996 JUDGMENT: R.L. Khurana, J. 1. This criminal revision has been filed by the petitioner under Section 397 of the Code of Criminal Procedure against the order dated 25.8.1993 of the Sessions Judge, Shimla setting aside the order dated 12.11.1992 of the Chief Judicial Magistrate, [...]
Maintenance for an illegitimate child from an alleged father
ORRISA HIGH COURT Brief : : Where maintenance is claimed for an illegitimate child from an alleged father, it is not enough that the defendant would have been the father, but the court has to find out that in all reasonability no one else could have been the father Smt. Ahalya Bariha Alias Barihani vs [...]
Women adultery will not suffice for proving the illegitimacy of the child
Kerala High Court Santha W/O Sahadevan vs Vasu S/O Chami, Muthalamada And Ors. Etc. on 20/7/1995 JUDGMENT : Thomas, J. Brief : : Even proof that the mother committed adultery with any number of men will not of itself suffice for proving the illegitimacy of the child 1. A question of law has been mooted [...]
Family Court’s jurisdiction to decide property dispute
Supreme Court of India Brief : : The Family Courts Act was enacted to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. From a perusal of the Statement of Objects and Reasons, [...]
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MyNation Blog
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