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Landmark Judgments and Articles on Law

Marriage under Hindu Law is Sanskar, Not Contract, Pre-Condition for Marriage to Deprive Women from Motherhood Can’t be Effected

HIGH COURT OF CHHATTISGARH, BILASPUR First Appeal (M) No. 138 of 2018 • P. Venkat Rao S/o. P. Ramarao, Aged About 54 Years R/o Railway Quarter No. 103/4, (Behind Railway Reservation Office), Railway Colony, District Durg Chhattisgarh.—- Appellant Versus • Smt. P. Padmavati W/o P….

DIVORCE: Denial of cohabitation, Unjustifiable conduct and behaviour is cruelty

HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR DIVISION BENCH JUSTICE SHEEL NAGU & JUSTICE ANAND PATHAK FIRST APPEAL NO.1172/2019 Rajesh Bhoyale Versus Smt. Mahadevi Shri T.C. Narwariya, learned counsel for the appellant. None for the respondent though served. JUDGMENT {Delivered on 29th day of…

DIVORCE: Targeting husband’s Career is cruelty but pay alimony

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-M-208 of 2013 Reserved on : 30.03.2022 Date of pronouncement: 08.04.2022 Devesh Yadav……Appellant-husband Versus Smt. Meenal…..Respondent-wife CORAM: HON’BLE MS. JUSTICE RITU BAHRI, HON’BLE MR. JUSTICE ASHOK KUMAR VERMA Argued by: – Mr. Gurpreet Singh, Advocate,for…

Habeas Corpus to US origin Child – Custody to Father

THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON’BLE JUSTICE G. SRI DEVI W.P.NO.13658 OF 2021 ORDER :: (per the Hon’ble Sri Justice A. Rajasheker Reddy) This habeas corpus-writ petition under Article 226 of the Constitution of India is filed seeking to issue a writ…

SC: Divorce – Multiple cases & complaints against spouse can amount to Cruelty

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4984-4985 OF 2021 [Arising out of SLP(C) Nos. 17505-17506/2019] SIVASANKARAN ……APPELLANT VERSUS SANTHIMEENAL ….RESPONDENT J U D G M E N T SANJAY KISHAN KAUL, J. 1. The appellant-husband and the respondent-wife resolved…

Right to chose a Partner

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 366 OF 2018 (Arising out of S.L.P. (Crl.) No. 5777 of 2017) Shafin Jahan …Appellant(s) Versus Asokan K.M. & Ors. …Respondent(s) J U D G M E N T Dipak Misra, CJI [for…

Marriage Irretrievably Broken – Six Months cooling Period Waives Off

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-654 of 2021 (O&M) DATE OF DECISION: 19.04.2021 Smt. Sunita @ Nisha …PetitionerNo.1 and Yogesh Kumar…Petitioner No.2 CORAM : HON’BLE MR. JUSTICE ARUN MONGA Present:- Mr. Amit Choudhary, Advocate For the petitioners, who are in…

Whether one party can withdraw Consent in Divorce by Mutual Consent if another party has Performed its Obligation?

 KERALA HIGH COURT Mat.Appeal.No.1066 OF 2017 Dated this the 5th day of February 2021 C.S.Dias,J. Is it permissible to withdraw one’s consent in a petition filed for dissolution of marriage by mutual consent, filed pursuant to a compromise, is the point that emanates for consideration…

Death within 7 years of marriage, cannot be presumed to be Abetment of suicide by husband

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.95 OF 2004 State of Maharashtra ….Appellant/Complainant V/s. 1. Dr. Umakant Laxman Biraris, 28 yrs., R/o. Pale Budruk, Taluka – Kalwan 2. Laxman Shamrao Biraris, 51 yrs., R/o. Balhane, Taluka – Sakri,…

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