SC verdict likely on May 1 on dissolution of marriage without referring to courts
1 year, 10 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 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 apex court had 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 apex court had in September last year agreed to examine whether it can nullify marriages between estranged couples without both the partners consenting to it.

Marriage Constitution Court Article 142  court  article  142  courts  verdict  referring  marriage  constitution  likely  sc  powers  parties  marriages  consenting  apex  dissolution

History of this topic

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months, 1 week ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
3 months, 1 week ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
3 months, 1 week ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

SC Criticizes Telugu States District Courts
3 months, 3 weeks 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 …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
4 months, 2 weeks ago

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Live Law  

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing. …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 2 weeks ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
7 months ago

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider

Live Law  

The Supreme Court is set due to consider the issue whether alimony can be granted where the marriage has been declared void. The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
8 months, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

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 …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
1 year ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court
1 year ago

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court

Live Law  

The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order …

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife
1 year, 2 months ago

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife

Live Law  

The Madras High Court recently observed that although Islamic Law allowed a husband to have polygamous marriages, he was obligated to treat all the wives equally. The bench of Justice RMT Teekaa Raman and Justice PB Balaji thus confirmed a family court order allowing dissolution of marriage finding that the husband had treated the wife with cruelty by not treating …

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 …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

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 …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
1 year, 5 months ago

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

Live Law  

The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29 of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 6 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court
1 year, 8 months ago

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court

Live Law  

The Karnataka High Court has said courts should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year. A single judge bench of Justice Krishna S Dixit said “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession …

Marital rape petitions to be listed next month: SC
1 year, 8 months ago

Marital rape petitions to be listed next month: SC

Hindustan Times  

The Supreme Court on Wednesday observed that the petitions regarding the validity of the immunity to husband from marital rape “have to be decided”, as it agreed to list the matter after hearing in the Constitution bench matter relating to abrogation of Article 370 gets over in August. A five-judge bench is set to begin day-to-day hearings from August 2 …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 8 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

SC reserves verdict on pleas seeking legal validation for same-sex marriage
1 year, 10 months ago

SC reserves verdict on pleas seeking legal validation for same-sex marriage

The Hindu  

The Supreme Court on Thursday reserved its verdict on a batch of pleas seeking legal validation for same-sex marriage. During the hearing on Wednesday, the Centre told the apex court that any constitutional declaration made by it on pleas seeking legal validation for same-sex marriage may not be a "correct course of action" as the court will not be able …

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling
1 year, 10 months ago

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling

The Hindu  

Not all marriages are happy, and not all divorces are unhappy. Leaning on the “guiding spirit” of Article 142 of the Constitution to do “complete justice” in any “cause or matter”, a Constitution Bench said it could use this extraordinary discretionary power to grant divorce by mutual consent to couples trapped in bitter marriages. It also aims to spare couples …

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 family courts
1 year, 10 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 …

All District Court Bar Associations Of Delhi Passes Resolution Against Ongoing Proceedings Before Supreme Court On Same-Sex Marriage
1 year, 11 months ago

All District Court Bar Associations Of Delhi Passes Resolution Against Ongoing Proceedings Before Supreme Court On Same-Sex Marriage

Live Law  

All District Court Bar Associations Of Delhi has passed a resolution against the ongoing proceedings before the Supreme Court on recognition of same-sex marriages, stating that the issue or legalization of marriage can only be determined through legislative process in consultation with all stakeholders. A resolution passed by the Coordination Committee of the lawyers’ body states that the process cannot …

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 …

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 …

Same-sex marriages | Supreme Court to hear pleas seeking legal validation on March 13, 2023
2 years ago

Same-sex marriages | Supreme Court to hear pleas seeking legal validation on March 13, 2023

The Hindu  

The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriages on Monday. On January 3, the apex court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court. On December 14 last year, the …

SC to hear pleas seeking legal validation for same-sex marriages on Monday
2 years ago

SC to hear pleas seeking legal validation for same-sex marriages on Monday

Deccan Chronicle  

New Delhi: The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriages on Monday. On January 3, the apex court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court. On December 14 last …

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, 5 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, 5 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 …

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023
2 years, 6 months ago

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023

Live Law  

Supreme Court bench of Justice Ajay Rastogi and Justice B. V. Nagarathna today issued notice on a batch of petitions filed assailing the split verdict of the Delhi High Court on the issue of Marital Rape. Counsel appearing for All India Democratic Women's Association, Advocate Karuna Nundy submitted that "the substantial question of law in the opinion of the two …

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court
2 years, 6 months ago

Restitution Of Conjugal Rights Does Not Violate Right To Privacy; Continuation Of Marriage Legitimate State Interest : Centre Tells Supreme Court

Live Law  

The Central Government has today filed a Counter Affidavit opposing a plea filed in the Supreme Court challenging the constitutional validity of the Section 9 of the Hindu Marriage Act, Section 22 of the Special Marriage Act and Order 21 Rule 22 and 23 of the Code of Civil Procedure which are provisions relating to the restitution of Conjugal Rights. …

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC
2 years, 8 months ago

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

Live Law  

The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause of the explanation to Section 7 of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. The petitioner herein had responded to this suit …

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 …

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court
2 years, 11 months ago

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court

Live Law  

Observing that a family court can dissolve the marriage of a Muslim couple by mutual consent under the Muslim Personal Law, the Bombay High Court quashed criminal proceeding against the husband based on the couple's amicable settlement in the Family Court petition. The court noted that under Section 2 of the Muslim Personal Law Act 1937 all property, marriage, dissolution …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 11 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains
3 years, 1 month ago

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains

Live Law  

The Delhi High Court has explained the scope of Judicial Separation and Divorce under the Hindu Marriage Act, 1955. "What the Family Court failed to appreciate is that, firstly, it is for the petitioner- who approaches the Family Court, to decide whether he/she wishes to obtain the relief of divorce, or of judicial separation. However, the respondent did not respond …

Discover Related