Marriage Cannot be Dissolved by Way of a Compromise

In a recent legal ruling, the Allahabad High Court addressed a contentious dispute over family pension entitlement following the demise of a government employee. The court, comprising Justice Ashtvani Kumar Mishra and Justice Syed Qamar Hasan Rizvi, meticulously examined the intricacies of the case to deliver a verdict. The dispute stemmed from the claim made by Rajni Rani, asserting her entitleRead More…

Maintenance after Permanent Alimony, not entertained

The Supreme Court has observed that a petition filed by a wife under Section 125 of the Code of Criminal Procedure who was earlier granted permanent alimony under Section 25 of the Hindu Marriage Act, cannot be entertained. In this case, the wife’s petition seeking divorce was allowed and the appeal against the same was pending before the High Court. The Court, while allowing the divorce petitRead More…

Parental Responsibilities after Divorce

The Supreme Court has observed that the parental responsibility of the couple does not end even if there is a breakdown of marriage. In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems, remarked the bRead More…

Marriage contracted during the pendency of an appeal, not void

The Supreme Court has observed that a marriage contracted during the pendency of an appeal from a divorce decree is not ab initio void especially when such an appeal is filed after expiry of the period of limitation. In this case, a maintenance petition filed by a wife was dismissed on the grounds that the marriage was a nullity because the marriage had taken place while an appeal filed by herRead More…

Maintenance to Unmarried Major daughter

R. Kiruba Kanmani v/s L. Raj an D/d 17/06/2019 # Crl.O.P. No.15336 of 2019 Criminal Procedure Code, 1973, Section 125 Maintenance — Unmarried Major daughter—Entitlement of — Held, maintenance petition filed by the major daughter even if she does not fall in one of the exceptions mentioned in section 125(1)(c) Cr. P.C, 1973 would be still maintainable on a combined reading of both SectioRead More…

Daughter-in-law do not have a right in the house of father-in-law

PUNJAB & HARYANA HIGH COURT
Feroz v/s District Magistrate, Chandigarh
2017(2) Law Herald 1156
“Constitution of India/1950, Art 226 – Senior Citizens Act, 2007, Sec. 22 – Writ petition -Shared household – Entitlement to – Held, daughter-in-law cannot be said to have a right in the house of father-in-law/mother-in-law, who lodged a complaint against the parents of husband and caused harassment Read More…

Maintenance to Wife who deserted the Husband

SUPREME COURT OF INDIA
Manoj Kumar v/s Champa
2017 (2) R.C.R. (Civil) 747:2017 (3) Recent Apex Judgements 51
In the judgement, Rohtash v/s Ramendri, 2000 (3) SCC 180, Supreme Court held as under :-Decree of divorce passed on account of desertion by wife – Wife filing application for grant of maintenance under Section 125 Criminal Procedure Code during pendency of divorce proceedings – Wife is entRead More…

Hindu Marriage Act-Divorce by Mutual Consent-1 Year Separation

ALLAHABAD HIGH COURT [Division Bench] Arpit Garg v/s Ayushi 2019 (1) MMLJ 760 # D/d 06/5/2019 First App. No. 115 of 2019 Hindu Marriage Act, Sections 13B and 14 — Divorce petition — Mutual Consent — Filed within less than a period of one year — Wife filed an application to grant leave u/s 14 of the Act, 1955—Divorce petition rejected by Court below as premature and cannot be waived u/s Read More…

ट्रांससेक्सुअल महिला भी दुल्हन

कोर्ट ने कहा- हिंदू विवाह कानून में ट्रांससेक्सुअल महिला भी दुल्हन है  मद्रास हाईकोर्ट की एक पीठ ने एक महत्त्वपूर्ण निर्णय में कहा कि हिंदू विवाह कानRead More…

Married man acquitted of promising marriage to woman, cheating her; after 25-yr-long court battle

Forty-seven years on, a saga that started with an alleged relationship in school and dragged on in courts for 25 years has finally ended, with a magistrate court acquitting the man of cheating the now 62-year old woman. The woman had accused the married man and father of one of pretending to be single, promising to marry her, engaging in sexual relations with her between 1986 and 1990, clicking hRead More…