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Archive for January, 2010

6 Months waiver in Mutual divorce

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CM (MAIN) NO.10/2010 Date of Decision: January 07, 2010 MUKESH ASHOK GUNDECHA & ANR. ..Petitioners Through: Mr. T.P.S. Kang, Adv.with Ms. Prerna Mehta,Mr. M.M. Alam, Advocates. versus GOVT. OF NCT OF DELHI .. Respondent Through: Mr. Shoaib Haider for Mr. N.Waziri, Standing Counsel. CORAM: HON’BLE MS. [...]

6 Months waiver in divorce with SC only

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5952 OF 2009 (@ SPECIAL LEAVE PETITION (CIVIL)NO.14361 OF 2007) Anil Kumar Jain … Appellant Vs. Maya Jain …Respondent J U D G M E N T ALTAMAS KABIR, J. 1.Leave granted. 2.The short point for decision in this appeal is whether a decree [...]

1 Year Seperation before filling Section 13(B) and Waiver

Delhi High Court * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM (MAIN) NO.6/2010 Date of Decision: January 07, 2010 MS. URVASHI SIBAL & ANR. ..Petitioners Through: Ms. Meenakshi Lekhi, Adv. with Ms. Prerna Mehta, Adv.,Mr. V.Vats, Adv. versus GOVT. OF NCT OF DELHI .. Respondent Through: Mr. Nand Kishore Jha, Adv. [...]

498A,Mutual Divorce and waiting Period

Delhi High Court Equivalent citations: 1997 VIAD Delhi 557, 69 (1997) DLT 937 Bench: M Sarin Arvind Sharma vs Dhara Sharma on 6/11/1997 JUDGMENT : Manmohan Sarin, J. (1) The petitioner/husband aggrieved by the order dated 20.9.97 passed by the Additional District Judge in H.M.A. No. 844/97, has preferred this Civil Revision Petition. By the [...]

Mutual divorce and 6 Month waiting Period

Delhi High Court Bench: K Gambhir Parshotam Lal vs Surjeet Kaur on 12/2/2008 JUDGMENT : Kailash Gambhir, J. 1. Decree of divorce granted by the Trial Court by mutual consent under Section 13B(2) of the Hindu Marriage Act is under challenge in the present appeal. 2. Brief facts for deciding the present appeal inter-alia are [...]

498A quashed in alleged Dowry Death

CASE NO.: Appeal (crl.) 1913 of 1996 PETITIONER: BABURAM Vs. RESPONDENT: STATE OF MADHYA PRADESH DATE OF JUDGMENT: 29/01/2002 BENCH: N. Santosh Hegde & Doraiswamy Raju JUDGMENT: SANTOSH HEGDE, J. Deceased Bhagwan Devi was married to one Ram Kumar son of the appellant herein. It is stated by the prosecution that on 27.2.1988, the said [...]

Mother is not always right person for custody

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.11.2006 CORAM: THE HONOURABLE MR. JUSTICE V. DHANAPALAN C.M.A. No.240 of 1998 Sharli Sunitha …Appellant vs. D. Balson …Respondent Civil Miscellaneous Appeal filed under Section 47 of the Guardians and Wards Act, 1890, against the judgment and decree dated 06.10.1997 in O.P. No.40 of 1996 on [...]

Fine for forcibly taking away Child

CASE NO.:Writ Petition (crl.) 110 of 2003 PETITIONER:Nirmaljit Kaur RESPONDENT: State of Punjab & Ors. DATE OF JUDGMENT: 06/12/2005 BENCH:Ruma Pal & Dr. AR. Lakshmanan JUDGMENT: J U D G M E N T WITH CONTEMPT PETITION (CRIMINAL) NO. 1/2005 Dr. AR. Lakshmanan, J. The case of the petitioner is as follows:- The petitioner – [...]

Rules for Child Custody – SC

CASE NO.:Appeal (civil) 1685-1686 of 2001 PETITIONER:R.V.SRINATH PRASAD Vs. RESPONDENT:NANDAMURI JAYAKRISHNA & ORS. DATE OF JUDGMENT: 02/03/2001 BENCH:D.P. Mohapatra , Shivaraj V. Patil JUDGMENT:D.P.MOHAPATRA,J. Leave granted. The controversy raised in this case relates to the interim custody of the two minor sons of the appellant. He has filed this appeal assailing the judgment/order dated 16th [...]

Illegitimacy of child is not with Family court – SC

CASE NO.:Appeal (civil) 1792 of 2004 PETITIONER:Renubala Moharana & Anr. RESPONDENT:Mina Mohanty & Ors. DATE OF JUDGMENT: 23/03/2004 BENCH:RUMA PAL & P. VENKATARAMA REDDI. (arising out of S.L.P. (CIVIL) No. 22395 of 2001) P. Venkatarama Reddi, J. Leave granted. The appellants herein filed a petition before the Family Court, Cuttack describing it as a ‘petition [...]

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