Family Law

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Landmark and Latest Judgments on Maintenance

Here is the compilation of one of the most landmark and latest judgments on the Maintenance under various Laws. Are multiple maintenances allowed?

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two bronze-colored rings

Appeal allowed for divorce of a married couple after 17 years of separation

Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 15th September 2020 Sukhendu Das Vs Rita Mukherjee FACTS: In this case, the petitioner Mr. Sukhendu Das and…

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Wife is the natural guardian of a comatose husband

Isha Sawant | Government Law College | 6th September 2020 Rajni Hariom Sharma v. Union of India Facts: The petitioner- Rajni Hariom Sharma approached the Bombay High Court under Article…

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Brief background of Section 6 of Hindu Succession Act, 1956

Disha Agarwal | ICFAI Hyderabad | 29th August 2020  After the independence, the first law pertaining to the property under Hindu law was Hindu Succession Act, 1956. The Act dealt…

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Case filed by wife turns out to be false, court declares it amounts to cruelty

Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 27th August 2020 Suchitra Kumar Singha Roy Vs Smt. Arpita Singha Roy FACTS: In this case the respondent-wife…

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false promise to marry

Sexual Intercourse under the pretext of marriage, A Rape?[Know here]

intercourse under promise to marry constitutes rape only if from initial stage accused had no intention to keep the promise. Calcutta High Court (Lachmi @ Lakshmi Kanta Kamath vs The…

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Exclusion of a married daughter in the Policy for compassionate appointment is unconstitutional

Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 21st August 2020 Meenakshi Dubey Vs M.P Poorva Kshetra Vidyut Vitran Co.Ltd FACTS: In this case, the petitioner…

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What amounts to mental cruelty?

Disha Agarwal | ICFAI Hyderabad | 20th August 2020  SA v AA Facts: In the present case, an appeal is filed by the Appellant (Wife) under Section 28 of Hindu…

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Whether the son born to the adoptee father prior to the date of adoption is entitled to the property?

Disha Agarwal | ICFAI Hyderabad | 13th August 2020 Kalindi Damodar Garde Vs. Manohar Laxman Kulkarni Facts: Laxman was adopted by Saraswati along with his three sons Gangadhar, Dattatraya and…

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Registration of Memorandum of Family Settlement not mandatory

Ravinder Kaur Grewal v. Manjit Kaur Facts: The appellant- Ravinder Kaur legal heir of Harbans Singh, who was the original petitioner, son of Niranjan Singh, resident of Sangrur, Punjab against…

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Top 10 Supreme Court cases on misuse of Section 498A of the IPC

Sayani Banerjee | Symbiosis Law School, Hyderabad | 8th August 2020 INTRODUCTION Previously, cases on matrimonial cruelty of a woman were dealt with by general provisions of Indian Penal Code…

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Adoption regulated by personal law not subject to provisions of Juvenile Justice Act

Isha Sawant | Government Law College, Mumbai | 8th August 2020 Jasmine Kaur v. Union of India Facts: The petitioner- a minor child, named- Jasmine Kaur, she is one of…

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Divorcee’s power to adopt a child

Karthik.T | Sastra Deemed University Thanjavur | 19th July 2020 Brijendra Singh Vs State Of Madhya Pradesh FACTS: The fact of this case is a Hindu wife who is not divorced but…

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Husband is entitled to get divorce from his wife if she desereted him for his low earning

Karthik.T | Sastra Deemed University Thanjavur | 17th July 2020 Geeta Jagdish Vs Jagdish Mangtani FACTS: The fact of this case is the husband filed a petition on the ground of desertion…

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Women who lived like a wife cannot be denied of maintenance – HC Tripura

Pranjal Sharma | Symbiosis Law School, Hyderabad | 11th July 2020 SRI BIBHUTI RANJAN DAS V/s SMT. GOURI DAS FACTS The current proceeding was initiated by the respondent as the…

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Parsi Woman who married a Non-Parsi man is also entitled to enter into the tower of silence

Barathkumar K M | Sastra Deemed to be University Thanjavur | 6th July 2020 Goolrokh Gupta Vs Burjor Pardiwala Facts: The petitioner was a Parsi woman; she was married to a…

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How many times can a person change his religion

Karthik.T | Sastra Deemed University Thanjavur | 4th July 2020 Marthamma Vs Munusamy FACTS: In this case, the appellant was a teacher and the respondent was the student of the appellant who…

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Suggesting a false statement is a ground for divorce

Barathkumar K M | Sastra Deemed to be University Thanjavur | 3rd July 2020 Asha Qureshi Vs Afaq Qureshi Facts: The appellant and the respondent were husband and wife. They lived…

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Aborting the womb without the consent of the spouse amounts to mental cruelty

Barathkumar K M | Sastra Deemed to be University Thanjavur | 2nd July 2020  Suman Kapur Vs Sudhir Kapur Facts: The appellant Suman Kapur is the wife of the respondent, Sudhir Kapur. The…

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Retirement is not a ground to reduce Maintenance Amount

Karthik.T | Sastra Deemed University Thanjavur | 1st July 2020 S. Murugan Vs Tamilarasi FACTS: The fact of this case is the petitioner who is a central government servant. Works in C.R.P.F.…

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Religious Conversion and Bigamous Marriage

Karthik.T | Sastra Deemed University Thanjavur | 28th June 2020  SARALA MUDGAL and OTHERS VS UNION OF INDIA FACTS: In this case, there are four main petitioners. The first petitioner was Kalyani,…

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Single Mothers need not mention Father’s name on Child’s Birth Certificate

Kandeep Shravan | SASTRA Deemed to be University | 28th June 2020 Mathumitha Ramesh vs The Chief Health Officer and others Facts:  The petitioner is a divorced lady who underwent…

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Restitution of Conjugal Rights is Constitutionally valid

Karthik.T | Sastra Deemed University Thanjavur | 23rd June 2020 Saroj Rani Smt v. Sudarshan Kumar Chadha Facts:  This petition was filed by the wife for restitution of conjugal rights…

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Refusal to have children is a ground for divorce

Barathkumar K M | Sastra Deemed to be University Thanjavur | 18th June 2020 Samar Ghosh Vs Jaya Ghosh Facts: The appellant and respondent both are IAS officers. They got married…

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Habeas Corpus writ under Article 226 can be used for seeking Custody of Child

Shaunak Choudhury | SVKM’s NMIMS Kirit P. Mehta School of Law | 12th June 2020 Anushree Goyal v. State of Madhya Pradesh (WRIT PETITION No. 7739/2020) Facts This case arose from…

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