Hindu Marriage Act 1955

14th Jun, 2021

The legal guardianship of the property of the minor is vested only in the father or grandfather and not mother

In the matter of G. Premjee Trading Pvt. Ltd Vs. Abdul Kader Haji Noormohammad & Ors. Bearing Suit No. 1754/1994, decided by the Bombay High Court on 08.06.2021. Facts of the case- The Defendant No. […]
24th May, 2021

The denial of love and affection to a child by alienating the child from the other parent amounts to mental cruelty.

In Mat. Appeal No. 523/2019 decided on 18.05.2021 by Hon’ble Kerela High Court. Facts of the case- The marriage was solemnized between the parties on 27.12.2009 and only after a few weeks, marital disputes developed […]
24th Feb, 2020

Marriage contracted during pendency of appeal from a divorce decree filed after expiry of limitation period, is not void

The Supreme Court in the matter of Krishnaveni Rai vs. Pankaj Rai & Anr. (Criminal Appeal No. 321 of 2020), decided on 19.02.2020 has observed that a marriage contracted during the pendency of an appeal […]
23rd Dec, 2019

Supreme Court can dissolve marriage on grounds of ‘Irretrievable breakdown of marriage’

The Supreme Court in the case of “Munish Kakkar vs Nidhi Kakkar” (Civil Appeal No. 9318 of 2014) decided on 17.12.2019 has reiterated its earlier position that in exercise of its inherent powers under Article […]
19th Nov, 2019

A certificate of registration of marriage and not a registered contract of marriage is a valid proof of marriage

The Supreme Court held that a contract of marriage does not fulfil the requisites of sub-clause (2) of Section 7 of the Hindu Marriage Act and cannot be taken to be proof of a valid […]
19th Aug, 2019

Irretrievable Breakdown of marriage cannot be a ground in itself to dissolve marriage

The Delhi High Court reiterated that irretrievable breakdown of marriage could be an additional circumstance to dissolve a marriage in addition to the ground provided under Section 13 of the Hindu Marriage Act. The above […]
26th Mar, 2019

Divorce petition can be filed through power of attorney

There is nothing wrong in the Family Court entertaining an application even though it is filed through the power of attorney holder. The Kerala High Court observed the above-mentioned reasoning in the matter of Mohanan […]
11th Mar, 2019

No Limitation Period To Seek Declaration Of A Marriage As ‘Null And Void

The Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being null and void, under Section 24 of the Special Marriage […]
16th Oct, 2018

In absence of any urgency, matter cannot be referred to a Commissioner for recording of evidence without the consent of parties

This was held by the Hon’ble High Court of New Delhi in the matter of Savita Devi v. Lalit Kumar, CM (M) No. 1203 of 2018, on 3rd October, 2018. Challenge: The Petitioner/wife impugns order […]
29th Aug, 2018

Restriction for Remarriage Under Hindu Marriage Act primarily applicable to parties contesting the Decree of Divorce.

The Supreme Court delivered an important judgment qua the provision in the Hindu Marriage Act 1955 which puts a condition on a divorcee in contracting a second marriage. It has been held that the protection […]
22nd Aug, 2018

Children born out of a void marriage are entitled to a share only in the separate property and not to the joint family properties of their father

The Bombay High Court held that though Section 16 of the Hindu Marriage Act, 1955 confers legitimacy upon an offspring born out of a void marriage, such offspring is not entitled to a share in […]
12th Apr, 2018

Divorce Decree under Mutual Consent is appealable

The Allahabad High Court has held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court. […]