SC verdict likely on May 1 on dissolution of marriage without referring to family courts
1 year, 11 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to family courts

The Hindu  

The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of powers under Article 142 of the Constitution to dissolve a marriage between consenting parties without referring the parties to the family court to wait for the mandatory period prescribed under section 13-B of the Hindu Marriage Act. On September 20, the court said, "We do believe that another question which would require consideration would be whether the power under Article 142 of the Constitution of India is inhibited in any manner in a scenario where there is an irretrievable breakdown of marriage in the opinion of the court but one of the parties is not consenting to the terms." Having exercised its sweeping powers under Article 142 for more than two decades to annul "irretrievably broken marriages", the Supreme Court had in September last year agreed to examine whether it can nullify marriages between estranged couples without both the partners consenting to it.

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Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 3 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

Same-sex marriage | Supreme Court dismisses petitions seeking review of October 2023 judgement
Trending News
2 months, 3 weeks ago

Same-sex marriage | Supreme Court dismisses petitions seeking review of October 2023 judgement

The Hindu  

Supreme Court on Thursday dismissed review petitions seeking a review of its October 2023 judgment that refused to legalise same-sex marriage. “We have carefully gone through the judgments delivered by Justices S. Ravindra Bhat speaking for himself and for Hima Kohli as well as the concurring opinion expressed by one of us, constituting majority view. Accordingly, the review petitions are …

Same-sex marriage verdict to be reviewed by new Supreme Court bench today
Trending News
2 months, 3 weeks ago

Same-sex marriage verdict to be reviewed by new Supreme Court bench today

India Today  

A new five-judge bench of the Supreme Court will take up petitions on Thursday seeking a review of its 2023 verdict rejecting legal sanction to same-sex marriage. In October 2023, a Constitution bench headed by then-Chief Justice of India DY Chandrachud declined to accord legal recognition to same-sex marriages. Maintaining that it didn't want to encroach on the legislative domain, …

Marriage Equality Case| New Bench Of Supreme Court To Consider Review Petitions On January 9
2 months, 3 weeks ago

Marriage Equality Case| New Bench Of Supreme Court To Consider Review Petitions On January 9

Live Law  

The Supreme Court will the hear review petitions filed against the verdict refusing to recognize queer marriages in the Marriage Equality Case on January 9.A bench comprising Justice BR Gavai, Justice Suryakant, Justice BV Nagarathna, Justice PS Narasimha and Justice Dipankar Datta would be considering the review petitions in chambers. The Supreme Court will the hear review petitions filed against …

SC Criticizes Telugu States District Courts
4 months ago

SC Criticizes Telugu States District Courts

Deccan Chronicle  

Hyderabad: The Supreme Court was shocked with the conduct of judicial and administration proceedings in the district judiciary of the Telugu states, where judicial officers issued orders on a Sunday in the face of an apex court stay. The apex court expressed apprehensions over the aptitude of the presiding officers of the district courts in the two states, who could …

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges
8 months, 3 weeks ago

Marriage Equality Case : Supreme Court To Consider Review Petitions On July 10; Justices Sanjiv Khanna & Nagarathna Replace Retired Judges

Live Law  

The petitions seeking review of the judgment refusing to recognize same-sex marriages are listed in the Supreme Court on July 10. Notably, the review petitions will be considered by a new bench composition since two judges of the 5-judge bench which delivered the judgment- Justices Sanjay Kishan Kaul and S Ravindra Bhat- have since retired.Justices Sanjiv Khanna and BV Nagarathna …

Supreme Court to consider pleas seeking review of same-sex marriage verdict
8 months, 3 weeks ago

Supreme Court to consider pleas seeking review of same-sex marriage verdict

India Today  

The Supreme Court will consider the petitions filed challenging the landmark verdict on same-sex marriage on Wednesday, July 10. The petitions will be evaluated by a specially constituted five-judge bench including Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and Pamidighantam Sri Narasimha. Justices Sanjiv Khanna and BV Nagarathna have replaced Justices Sanjay Kishan Kaul …

Justice Obiter Dictum: Why the Marriage Equality Cause Lost the Battle in SC - News18
1 year, 5 months ago

Justice Obiter Dictum: Why the Marriage Equality Cause Lost the Battle in SC - News18

News 18  

The Supreme Court’s five-judge Constitution Bench may have refused to recognise marriage as a fundamental right but no judge disagreed with the cause of gay rights in India. The Centre cautioned the Supreme Court that any piecemeal approach to marriage equality shall only further convolute the complicated space of personal laws and family laws in India. It is important to …

Same-sex marriage verdict: Points of agreement, divergence between the 5 Supreme Court justices
1 year, 5 months ago

Same-sex marriage verdict: Points of agreement, divergence between the 5 Supreme Court justices

Hindustan Times  

The Constitution bench judgment in same-sex marriage case presents an intriguing mix of views the five judges on the bench expressed, employing tools of interpretation and juristic outlook before rendering their final verdict on a spectrum of questions posed before them. “It would thus be misconceived to claim that non-heterosexual unions are only a facet of the modern social milieu,” …

India awaits Supreme court verdict on same-sex marriage today
1 year, 5 months ago

India awaits Supreme court verdict on same-sex marriage today

Deccan Chronicle  

New Delhi: The Supreme Court will deliver a verdict on Tuesday on granting legal recognition to same-sex marriages, a ruling that has the potential to spark momentous changes in the world's most populous country. The case is seen as a milestone event for LGBTQ rights in India, following a historic 2018 judgement by the Supreme Court that scrapped a colonial-era …

SC Delivers Verdict On Same-Sex Marriage: Highlights From 10-Day Marathon Hearing
1 year, 5 months ago

SC Delivers Verdict On Same-Sex Marriage: Highlights From 10-Day Marathon Hearing

ABP News  

A five-judge constitution bench of the Supreme Court on Tuesday delivered its verdict on the pleas seeking legal validation of marriage of same-sex couples. Twenty petitions were filed by same-sex couples, and other LGBTOIA+ activists challenging the provisions of the Special Marriage Act 1954, Hindu Marriage Act 1955, and the Foreign Marriage Act 1969. Centre’s ‘Urban Elitists’ Argument, Supreme Court …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court
1 year, 5 months ago

Same-Sex Marriage Case Judgment : Live Updates From Supreme Court

Live Law  

The Supreme Court will pronounce at 10.30AM today the judgment in the same-sex marriage case.A 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha will deliver the judgment in a batch of twenty petitions which seek legal recognition for same-sex and queer marriages. The Supreme Court will …

Same-sex marriage case | Supreme Court to pronounce judgment on October 17
1 year, 5 months ago

Same-sex marriage case | Supreme Court to pronounce judgment on October 17

The Hindu  

A Constitution Bench headed by Chief Justice of India D.Y. Same-sex marriage verdict LIVE updates The other four judges on the Bench are Justices Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha. In fact, the Centre had argued that the court ought to leave the issue to the Parliament and not even recognise a …

Supreme Court To Pronounce Judgement In Same-Sex Marriage Case Tomorrow
1 year, 5 months ago

Supreme Court To Pronounce Judgement In Same-Sex Marriage Case Tomorrow

Live Law  

The Supreme Court is set to deliver its judgment on the batch of petitions seeking legal recognition for queer marriages in India tomorrow. A bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha had started hearing the matter on April 18 and reserved judgement in the …

Verdict on same-sex marriage by Supreme Court today
1 year, 5 months ago

Verdict on same-sex marriage by Supreme Court today

India Today  

The Supreme Court will announce its verdict on the legal recognition of same-sex marriage later today. In May, the Supreme Court held a marathon hearing to consider the issue of giving recognition to same-sex marriage and the legal and social questions arising out of those petitions. The hearings were held after 18 same-sex couples filed petitions before the Supreme Court, …

Irretrievable breakdown a ground to dissolve marriage under Article 142: SC
1 year, 10 months ago

Irretrievable breakdown a ground to dissolve marriage under Article 142: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Monday ruled it can invoke its special powers under Article 142 of the Constitution to dissolve a marriage on the ground of irretrievable breakdown. The bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, was dealing with more than one set of questions including what could be the …

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 10 months ago

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court

The Hindu  

The Supreme Court on May 1 held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, thus sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final. Taking this logic …

Supreme Court's BIG order on divorce, 6-month mandatory waiting period
1 year, 10 months ago

Supreme Court's BIG order on divorce, 6-month mandatory waiting period

India TV News  

Supreme Court's BIG order on divorce, 6-month mandatory waiting period Supreme Court order on divorce: The mandatory waiting period of 6 months for divorce through mutual consent can be dispensed with subject to conditions, the apex court bench added. Supreme Court order on divorce: In a significant order, the Supreme Court on Monday held that it can dissolve marriages on …

SC verdict likely on May 1 on dissolution of marriage without referring to courts
1 year, 11 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to courts

Deccan Chronicle  

New Delhi: The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of …

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes
1 year, 11 months ago

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes

Hindustan Times  

The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”. “The State should come forward and provide recognition to same-sex marriage,” senior advocate Mukul Rohatgi. Senior advocate Mukul Rohatgi, representing one of the petitioners, argued before the Supreme Court that “the State should come forward and provide recognition to same-sex marriage.” Meanwhile, Solicitor General Tushar …

SC Constitution Bench Begins Final Hearing of Petitions on Same-sex Marriage; Explaining The Legal Lexicon
1 year, 11 months ago

SC Constitution Bench Begins Final Hearing of Petitions on Same-sex Marriage; Explaining The Legal Lexicon

News 18  

A Constitution bench of the Supreme Court comprising Chief Justice of India Dhananjaya Y Chandrachud, and justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli on Tuesday began the final hearing of a bunch of petitions seeking to legalise same-sex marriage. The apex court in its order referring the petitions to the Constitution bench stated: “Having due …

Constitution Bench formed in same-sex marriage case
1 year, 11 months ago

Constitution Bench formed in same-sex marriage case

The Hindu  

The Supreme Court on April 15, 2023 announced the formation of a new Constitution Bench headed by Chief Justice of India DY Chandrachud to hear a series of petitions seeking legal recognition of same sex marriages. In the previous hearing, the Chief Justice had taken care to soothe the government’s anxiety about how same sex unions may “affect” the Indian …

SC to set-up a new constitution bench to hear pleas against Nikah-Halal, polygamy
2 years ago

SC to set-up a new constitution bench to hear pleas against Nikah-Halal, polygamy

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday said that it will set up a new 5-judge Constitution bench to hear pleas challenging the constitutional validity of polygamy and Nikah halala prevailing among the Muslims as Justice Indira Banerjee and Justice Hemant Gupta who were part of the earlier five-judge bench have since retired. Chandrachud after a mentioning by PIL petitioner …

5-judge Constitution Bench to decide if same-sex marriages can be legal
2 years ago

5-judge Constitution Bench to decide if same-sex marriages can be legal

The Hindu  

A Bench led by Chief Justice of India D.Y. Supreme Court directs Defence Ministry to file note on arrears due under One Rank One Pension scheme The Supreme Court on Monday directed the Ministry of Defence to file a three-page note specifying the exact quantum of arrears due to be paid under the One Rank One Pension scheme, while noting …

Supreme Court refers pleas seeking legal validation of same-sex marriages to five-judge constitution bench
2 years ago

Supreme Court refers pleas seeking legal validation of same-sex marriages to five-judge constitution bench

Firstpost  

New Delhi: The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of “seminal importance”. Thus, we direct the matter be placed before a five-judge Constitution bench,” said the bench, also comprising Justices PS Narasimha and JB Pardiwala. The court posted the matter for arguments …

SC refers legal validation of same-sex marriages to five-judge constitution bench
2 years ago

SC refers legal validation of same-sex marriages to five-judge constitution bench

Deccan Chronicle  

New Delhi: The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance". A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including …

5-judge Constitution Bench to decide if same-sex marriages can be legal
2 years ago

5-judge Constitution Bench to decide if same-sex marriages can be legal

The Hindu  

A Bench led by Chief Justice of India D.Y. Chandrachud refers petitions to legally recognise same-sex marriages to a Constitution Bench of five judges of the Supreme Court. Chief Justice Chandrachud said the case involves an “interplay” between constitutional rights of life, liberty, dignity, equal treatment of members of the LGBTQ+ community members and specific statutory enactments which considers only …

Supreme Court Annual Digest 2022- Hindu Law
2 years, 2 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

Article 142 Can't Be Invoked To Dissolve Marriage On Ground Of Irretrievable Breakdown : Sr Adv Dushyant Dave To Supreme Court
2 years, 6 months ago

Article 142 Can't Be Invoked To Dissolve Marriage On Ground Of Irretrievable Breakdown : Sr Adv Dushyant Dave To Supreme Court

Live Law  

Senior Advocate Dushyant Dave on Thursday told a Constitution Bench of the Supreme Court that the power under Article 142 could not at all be exercised to dissolve marriages, since express statutory provisions for divorce had already been provided by the Parliament in its wisdom. Dave began his submissions by reminding the Court of two principles that were "affirmately rooted …

Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved
2 years, 6 months ago

Can Marriage Be Dissolved By The Supreme Court In Exercise Of Its Powers Under Article 142? Hearing Concludes, Judgement Reserved

Live Law  

A Constitution Bench of the Supreme Court on Thursday reserved judgment on a batch of petitions raising common questions of law, namely, whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual …

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28
2 years, 6 months ago

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, stated that from 28th September, 2022 it is to commence with the hearing of the matter where its indulgence is sought to consider the extent of its powers under Article 142 of the Constitution of India, 1950, to dissolve marriage. The Constitution Bench reference emanates from a Transfer petition, wherein pursuant …

Supreme Court Compounds Attempt To Murder Offence Taking Note Of Marriage Between Accused & Victim's Sister
2 years, 9 months ago

Supreme Court Compounds Attempt To Murder Offence Taking Note Of Marriage Between Accused & Victim's Sister

Live Law  

The Supreme Court recently compounded a case involving the offence of attempt to murder under Section 307 of the Indian Penal Code taking note of the fact that the accused and the victim's sister got married subsequently.A bench comprising Justices BR Gavai and Hima Kohli invoked the powers under Article 142 of the Constitution to compound the offence.The accused was …

Woman Expresses Second Thoughts About Marriage Against Family Wishes; Supreme Court Dissolves Marriage, Quashes FIR Against Husband
3 years, 2 months ago

Woman Expresses Second Thoughts About Marriage Against Family Wishes; Supreme Court Dissolves Marriage, Quashes FIR Against Husband

Live Law  

The Supreme Court recently dissolved a marriage exercising powers under Article 142 of the Constitution in a case of a woman who married a man against her family's wishes.The woman's family members had lodged an FIR alleging rape and abduction against the husband. The Supreme Court recently dissolved a marriage exercising powers under Article 142 of the Constitution in a …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
3 years, 3 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

'Their Marriage Is Evidently A Dead Letter': Supreme Court Dissolves A Marriage Invoking Article 142 Powers
3 years, 5 months ago

'Their Marriage Is Evidently A Dead Letter': Supreme Court Dissolves A Marriage Invoking Article 142 Powers

Live Law  

Their marriage is evidently a dead letter, the Supreme Court observed while dissolving a marriage invoking its jurisdiction under Article 142 of the Constitution.The court noted that, in this case, the parties have been living separately since May 2010 and have been engaged in legal proceedings against each other. Their marriage is evidently a dead letter, the Supreme Court observed …

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court
3 years, 6 months ago

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court

Live Law  

The Supreme Court observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13 B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India.In a recent order, Justice Abhay S. Oka, referring to Supreme Court Rules 2013, said he could not pass a decree …

No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers
3 years, 6 months ago

No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers

Live Law  

The marriage between the parties is emotionally dead and there is no point in persuading them to live together any more, the Supreme Court remarked while it dissolved a marriage invoking its powers Article 142 of the Constitution.In this case, the husband had filed divorce petition on the ground of cruelty and desertion by wife. The marriage between the parties …

Can Family Court Entertain Maintenance Petition Under Muslim Women (Protection of Rights on Divorce) Act? SC Delivers Split Verdict [Read Judgment]
4 years, 9 months ago

Can Family Court Entertain Maintenance Petition Under Muslim Women (Protection of Rights on Divorce) Act? SC Delivers Split Verdict [Read Judgment]

Live Law  

The Supreme Court has given a split verdict on the issue whether a Family Court has the jurisdiction to entertain a petition for maintenance under Section 3 of the Muslim Women Act, 1986. Maintenance Petition can be moved only before the First Class Magistrate Referring to the provisions of the Family Courts Act, and the Muslim Women's Protection Act, Justice …

Article 142 Can Be Invoked To Dissolve A Marriage Found To Be A Dead Letter: SC [Read Judgment]
5 years, 3 months ago

Article 142 Can Be Invoked To Dissolve A Marriage Found To Be A Dead Letter: SC [Read Judgment]

Live Law  

Marriages are said to be made in heaven. They are broken on earth, said the Supreme Court while dissolving a marriage on the ground of its irretrievable breakdown.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph observed that Article 142 of the Constitution of India can be invoked to dissolve a marriage in cases where a marriage is …

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]
5 years, 5 months ago

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]

Live Law  

The Supreme Court will examine the issue whether a husband who has obtained a decree of restitution of conjugal rights is still liable to maintain his wife who filed a petition seeking maintenance under Section 125 of the Code of Criminal Procedure. There are conflicting rulings by High Courts on the issue of maintainability of Section 125 CrPC petition when …

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