Hindu Marriage Act 1955

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. […]
22nd Feb, 2018

Daughters born before the enactment of Hindu Succession Act, 1956 are also entitled to equal shares as son in ancestral property.

The Supreme Court held that daughters have equal rights in the Ancestral property, even if they were born before the enactment of Hindu Succession Act, 1956. The Apex Court on 01.02.2018 in the matter Danamma […]
10th Aug, 2017

Powers of Police under Section 498A IPC curtailed

The Hon’ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27th July, 2017 inter-alia gave the following guidelines in regard to […]
2nd May, 2017

Complaints by a spouse to public authorities do not per se constitute Cruelty

Supreme Court in the matter of Raj Talreja Vs Kavita Talreja; Civil Appeal no. 10719/2013 held that mere filing of complaints against the spouse is not cruelty, if there are justifiable reasons to file the […]
16th May, 2016

Waiting period in divorce by mutual consent waived after considering educational background of parties #indianlaws

In this case, the Court after considering the educational background of the parties, and the entire facts and circumstances, held that the situation posed was peculiar where the Court should invoke its jurisdiction under Article […]
19th Apr, 2016

Rule of estoppel does not apply to proceedings under Section 13-B of Hindu Marriage Act #indianlaws

When a decree of divorce is sought under Section 13 of the Act, in view of compromise between the petitioner and the respondent, estoppel cannot operate against the Respondent. Rule of estoppel is a rule […]
9th Mar, 2016

Child Marriage does not automatically become void #indianlaws

Section 3 makes provision for avoidance of marriage by contracting party, who was a child at the time thereof, through filing a petition for annulling the marriage by such party. Section 3(3) has to be […]
11th Jan, 2016

Filing of false criminal complaint by either spouse constitutes matrimonial cruelty entitling other spouse to claim divorce #indianlaws

It was observed by the High Court that if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions was dismissed on merits and the husband […]
9th Dec, 2015

Husband has a pre-existing duty to take care of health and safety of the wife #indianlaws

It is a duty of the husband to take care of the health and safety of the petitioner-wife. In the instant case also it was a primary duty of the husband only to provide facilities […]
24th Sep, 2015

Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court

Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act
23rd Jul, 2015

An unwed mother of the child can claim herself to be guardian of the child without notifying father #indianlaws

Whether an unwed mother can claim herself to be the guardian of the child without notifying father, was the subject matter for consideration before the Apex Court. The court while recognizing that the father’s right […]
9th Jul, 2015

Guidelines for Delhi Family Courts to maintain privacy of parties to proceedings #Indianlaws

Delhi High Court has given directions to the Family Courts to be cautious while dealing with privacy of parties to proceedings. It ruled that leave is to be sought from the Family Court before disclosing […]