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Landmark Judgments and Articles on Law

Direction to file affidavit of assets, income and expenditure to be filed by both the parties in matrimonial cases.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 29th May, 2017 FAO 369/1996 & CM 15083/2014 KUSUM SHARMA ….. Appellant Through: None. versus MAHINDER KUMAR SHARMA ….. Respondent Through: Mr. Rahul Sharma, Ms. Jyoti Dutt Sharma, Mr. C.K. Bhatt, Advocates. Mr….

Whether relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5648 OF 2015 Ms.Ambreen Akhoon … Petitioner Vs. Shri Aditya Aurn Paudwal & anr. … Respondents Mr.Rajiv Wagh for the Petitioner Ms.Nidhi Shukla i/b Ashwin Duggal for Respondent No.1 Ms.Mrunalini Deshmukh for…

Whether family court has jurisdiction to entertain divorce petition under special marriage Act?

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23rd March, 2018 CM(M) 140/2017 M  Vs  A CORAM:HON’BLE MR. JUSTICE J.R. MIDHA 1. An important question of law has arisen for consideration in this case as to whether the parties married under…

Permanent alimony and maintenance under special marriage act

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2008 ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO. 14183 OF 2007 RAJESH BURMANN … APPELLANT VERSUS MITUL CHATTERJEE (BURMAN) … RESPONDENT J U D G M E N T C.K. THAKKER,…

Moral and ethical values of Guardian considerd over physical comforts

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 25 OF 2012 Angelina Miranda … Minor child Mr. Rajan Chawla …Petitioner Vs. Mr. Lisbon John Miranda …Respondent AND GUARDIANSHIP PETITION(L) NO. 163 OF 2012 Mrs. Louella Fernandes …Petitioner Vs….

After death of husband, decree for permanent alimony extinguishes?

HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 103 of 2015 Arial I Kumar S/o Late Ismail Kumar (Dead) V Shrimati Shikha Kumar W/o Late Arial I Kumar Coram: Hon’ble Shri Justice Prashant Kumar Mishra Hon’ble Shri Justice Anil Kumar Shukla Dated: 07/11/2016 Citation: AIR 2017 Chhatis…

Pre-existing duty doctrine in Mutual consent of HMA

Supreme Court of India Author: K Shetty Bench: Shetty, K.J. (J) PETITIONER:SMT. SURESHTA DEVI Vs. RESPONDENT:OM PRAKASH DATE OF JUDGMENT07/02/1991 BENCH:SHETTY, K.J. (J),AGRAWAL, S.C. (J) CITATION: 1992 AIR 1904 1991 SCR (1) 274 1991 SCC (2) 25 JT 1991 (1) 321 1991 SCALE (1)156 ACT:…

GROUNDS OF DIVORCE IN INDIAN LAW

The wife has a right to turn down a divorce; she can refuse to divorce even after filing a petition for divorce through mutual consent. Following this, the court will typically dismiss the petition for divorce through mutual consent. In such a case, as the…

Meaning of Cruelty – A Ground for Divorce

‘Cruelty‘ is one of the common grounds in all the personal laws on which a decree for judicial separation or divorce can be obtained. It is also a ground for separate residence and maintenance for the wife. It is a valid defense for defeating a…

Limitations of Sections 498(A)

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 20.11.2013 Coram THE HONOURABLE MS. JUSTICE K.B.K.VASUKI Crl.R.C.No.570 of 2013 and M.P.Nos.1 and 2 of 2013 1.R.Jeeva @ Rajesh 2.K.Ramalingam 3.R.Santha .. Petitioners Vs. 1.State by Inspector of Police, All Women Police Station, Vadapalani, Chennai 600…

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