-
Right to Maintenance – A Pre-Existing Right
In V. Tulasamma v. Sesha Reddy, (1977) 3 SCC 99, it was held that Hindu Women’s right to maintenance is the personal obligation so far as the husband is concerned and it is…
-
Jurisdiction of State – Which has most intimate contact with the issues arising in the case
The Hon’ble Apex Court in Surinder Kaur Sandhu v. Harbax Singh Sandhu, (1984) 3 SCC 698 was concerned with the custody of a child who was British citizen by birth whose parents had been settled in…
-
Denial of Motherhood – Amounts to Cruelty
It is well-acknowledged that what constitutes ‘Cruelty’, in a marriage is almost impossible to define. Hon’ble Supreme Court, has in a number of decisions held that ‘cruelty’ in a marriage is to be determined in…
-
Divorce On the Ground of – Irretrievable Breakdown of Marriage
In R. Srinivas Kumar v. R. Shametha, 2020 (138) ALR 265, divorce was granted on the ground of irretrievable breakdown of marriage, after examining various judicial pronouncements. It has been noted that such…
-
Application for Permanent Alimony— under Section 25 of the Hindu Marriage Act
As per Section 25 of the Hindu Marriage Act, 1955, the prayer for permanent alimony is to be accorded consideration by the Court at the time of passing any decree or at any…
-
Acquittal of Husband under Section 498-A IPC
It is true that it is open for anyone to file complaint or lodge prosecution for redressal of his or her grievances and lodge a first information report for an offence also and…
-
Non-Payment of Maintenance Allowance – Powers of Magistrate
On a plain reading of sub-section (3) of Section 125 CrPC, it is apparently clear that in the event of any failure on the part of any person to comply with an order…
-
Mutual Divorce – Factors to be Considered for Waiving the Statutory Waiting Period
For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13-B(2) of the Hindu Marriage Act, the Court would consider the…
-
Transfer Application – Litigation Expenses Being Paid
Once the applicant has moved application under Section 24 of the Hindu Marriage Act, 1955 which was allowed and uninterrupted litigation expenses is paid to her, she cannot move transfer application on the…
-
Divorce – on the Ground of Cruelty
Since the cruelty has not been defined in the Hindu Marriage Act, it is difficult to define precisely as to what exactly cruelty means under Section 13(1)(ia) of the Hindu Marriage Act. Cruelty…