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Landmark Judgments and Articles on Law

SC : Mandatory time line for Filing Written Statement is not Applicable to Non-Commercial Suits

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.433 OF 2020 [Arising out of Special Leave Petition (Civil) No. 6217 of 2019] Desh Raj ….. Appellants(s) VERSUS Balkishan (D) Through Proposed LR Ms. Rohini …..Respondents(s) JUDGMENT Leave granted. 2. This Civil Appeal…

If Husband is not able to earn due to Physical Disabilty, Is he entitled to get Maintenance from wife?

Jammu & Kashmir High Court Lalit Mohan vs Tripta Devi on 15 September, 1988 Equivalent citations: AIR 1990 J K 7 Bench: R Sethi JUDGMENT R.P. Sethi, J. 1. Leading cruelty and desertion the respondent-wife sought the dissolution of marriage by a decree of divorce…

In criminal cases, Period of Limitation starts from the Date of Complaint, not from Date of Cognizance

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.829 OF 2005 Mrs. Sarah Mathew … Appellant Versus The Institute of Cardio Vascular Diseases by its Director– Dr. K.M. Cherian & Ors. … Respondents WITH Special Leave Petition (Crl.) Nos.5687-5688 of 2013 M/s….

Divorce: Calling impotent, Writing letter to others is Cruelty

IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD AAO Nos. 733 and 734 of 1997 Decided On: 11.11.1999 G. Padmini Vs. G. Sivananda Babu Equivalent citations: 2000 (2) ALD 258, 2000 (2) ALT 259, II (2000) DMC 760 Bench: S Maruthi, E D Rao…

Divorce on concealing ill health, Maintenance only after considering husband assets

Bombay High Court Vandana J. Kasliwal vs Jitendra N. Kasliwal on 28 September, 2006 Equivalent citations: AIR 2007 Bom 115, II (2007) DMC 227 Bench: N Dabholkar, P Borkar JUDGMENT P.R. Borkar, J. 1. This is an appeal, preferred by a wife, whose marriage with…

Hiding wife’s mental illness ground for annulling marriage.

IN THE HIGH COURT OF KERALA AT ERNAKULAM [C.R.] PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE 15TH DAY OF FEBRUARY 2017/26TH MAGHA, 1938 Mat.Appeal.No. 415 of 2009 ( ) (AGAINST THE ORDER IN OP 12/2007 of FAMILY COURT,KALPETTA, DATED…

Ex-wife is not entitled for any Maintenance / Alimony after decree of annulment

Kerala High Court Thulasi Bai vs C.V. Manoharan And Ors. on 4 August, 1989 Equivalent citations: I (1990) DMC 61 Bench: K Sreedharan JUDGMENT K. Sreedharan, J. 1. These proceedings are between same parties. They are concerning the marriage between them. So, I consider it…

Five Tests laid down by a Supreme Court to brand Cruelty.

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