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Landmark Judgments and Articles on Law

Consent of Spouse for divorce is not necessary under Article 142 of the Constitution

 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3293 OF 2012 N.RAJENDRAN APPELLANT(S) VERSUS S.VALLI RESPONDENT(S) J U D G M E N T K. M. JOSEPH, J. 1. By the impugned judgment, the High Court has reversed the decree of dissolution…

A Wife cannot claim partition in the ancestral property of her husband. During the lifetime of a male Hindu, neither his wife nor children can claim partition in his self-acquired property

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH S.B.SAMPAT KUMAR Vs.. S.B.PARASMAL S/O. LATE BHAKATAVARMAL CASE NO.RFA 100121/2014 For the Appellant: M.S. Satish, Advocate. For the Respondent: R1, Satish S Raichur, Advocate, R2 Served. JUDGES SREENIVAS HARISH KUMAR P.N.DESAI O.S. NO. 404/2007 ON THE FILE…

SC: Criminal Proceedings should not become Weapons of Harassment – Civil Dispute given colour of Criminal Offence

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 932 OF 2021 (Arising out of SLP (Crl.) No. 1190 of 2021) RANDHEER SINGH Appellant(s) VERSUS THE STATE OF U.P. & ORS. Respondent(s) WITH CRIMINAL APPEAL NO. 933 OF 2021 (Arising out of…

Can the wife file the counter claim as per S 23A of Hindu Marriage seeking a declaration to declare marriage of his husband with the third-person void?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5901-5902 OF 2021 Nitaben Dinesh Patel …Appellant Versus Dinesh Dahyabhai Patel …Respondent JUDGMENT M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 27.09.2019 passed by the…

Whether court can permit a party to adduce oral evidence regarding written agreement?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1491 OF 2007 PLACIDO FRANCISCO PINTO (D) by LRs & ANR. …..APPELLANT(S) VERSUS JOSE FRANCISCO PINTO & ANR. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The legal representatives of the plaintiff have appealed before…

When it is not mandatory to register family settlement?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).6141 OF 2021 KORUKONDA CHALAPATHI RAO ANR Vs KORUKONDA ANNAPURNA SAMPATH KUMAR Author: K.M. JOSEPH, J. Dated: OCTOBER 1, 2021. 1. Leave granted. 2. By the impugned order the High Court has set aside the order…

Whether sexual harassment complaint can be dropped if an aggrieved woman desire not to prosecute it?

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present :- Hon’ble Justice Amrita Sinha W.P.A. No. 8018 of 2020 With W.P.A. No. 11995 of 2021 Angshuman Kar Vs. The State of West Bengal & Ors. For the writ petitioner :- Mr. Kallol…

Whether a wife staying abroad for her job amounts to desertion or cruelty to her husband?

BOMBAY HIGH COURT FCA-162-2019 CORAM : UJJAL BHUYAN PRITHVIRAJ K. CHAVAN, JJ PRONOUNCED ON : 24th June, 2021. [Per Prithviraj K. Chavan, J.] 1. Feeling aggrieved with and dissatisfied by dismissal of a Petition bearing No. A-2827 of 2016 under section 13 (1) (ia) and…

Voluntary Gifts given by parents and others to bride, bridegroom out of love and affection is not dowry

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE The Hon’ble JUSTICE BIBEK CHAUDHURI CRA/147/2017 Netai Ghosh & Anr. -Vs State of West Bengal For the Petitioner: Mr. Younush Mondal, Adv. For the State: Mr. Swapan Banerjee, Adv., Mr. Suman De, Adv. Heard…

RETURN INTERIM MAINTENANCE – Application under the DV Act was not maintainable

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07th JUNE, 2021 IN THE MATTER OF: CRL.M.C. 264/2021 & CRL.M.A. 1352/2021 (Stay) PARVEEN TANDON ….. Petitioner Through Mr. Utkarsh and Ms. Anshu Priyanka, Advocates versus TANIKA TANDON ….. Respondent Through Mr. Kamal…

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