Hindu Marriage Act 1955

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. […]
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 […]