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Showing posts with label Hindu Marriage act. Show all posts
Showing posts with label Hindu Marriage act. Show all posts
Wednesday, 24 April 2024

Whether family court mumbai can entertain divorce petition on the ground that marriage reception took place at mumbai?

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ANALYSIS AND CONCLUSION : 13. The question for determination in the present proceedings is whether the Family Court at Mumbai has jurisdicti...
Sunday, 14 January 2024

Whether wife is entitled to get divorce from husband on the ground of mental cruelty if he publish allegations against her in Newspaper and prosecute her relatives?

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 In our considered view, a partner in matrimonial relationship who goes to the extent of filing police complaints against mother, friend, we...
Tuesday, 2 January 2024

Whether the court can quash proceeding under Domestic violence Act if husband takes the plea of customary divorce?

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  Even if assuming that the learned Judicial Magistrate is vested with jurisdictional competence to determine the validity of a customary di...
Sunday, 31 December 2023

Whether Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is not Established ?

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It is to be noted that the deed in question is purported to be a document which is claimed to be in conformity with the customs applicable f...
Tuesday, 19 December 2023

Important judgments on orders as to disposal of property u/s. 27 of The Hindu Marriage Act.

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  1) Whether independent application U/S 27 of Hindu marriage Act is maintainable? From the perusal of the provision of Section 27, it is cl...
Sunday, 17 December 2023

Relaxation of 'locus standi' rule for offences and proceedings arising out of marriage and its justification

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  The concept of 'locus standi' in Indian law dictates who has the legal right to initiate court proceedings in a particular matter....
Thursday, 14 December 2023

What is the difference between judicial separation and divorce?

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S 10 of Hindu Marriage Act provides for Judicial separation:- (1)  Either party to a marriage, may present a petition praying for a decree f...
Tuesday, 28 November 2023

What is distinction between “Void Marriages” and “Voidable Marriages” as per Hindu Marriage Act?

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  Under the Hindu Marriage Act 1955, "Void Marriages" and "Voidable Marriages" are two distinct legal concepts: Void Mar...
Saturday, 18 November 2023

Important Notes and Caselaws on Family law(Part 3)

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1) The Personal Laws (Amendment) Act, 2010 https://www.lawweb.in/2013/04/the-personal-laws-amendment-act-2010.html 2) Important provisions o...

Important Notes and Caselaws on Family law(Part 2)

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  1) Important Notes on Hindu Law https://www.lawweb.in/2020/05/important-notes-on-hindu-law.html 2) NOTES ON HINDU MARRIAGE ACT 1955 https:...
Monday, 2 October 2023

Whether Non-Participation In A Proceeding Of A Restitution Of Conjugal Rights Has Civil Consequences ?

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Taking note of Order XXI Rule 32 of the Code of Civil Procedure, we are of the view that it cannot be said that non participation  in a proc...
Thursday, 28 September 2023

Civil Manual Bombay high Rules U/S 14 and 21 of the Hindu Marriage Act 1955

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Rules framed by the High Court under sections 14 and 21 of the Hindu Marriage Act 1955 (XXV of 1955) as amended by the Marriage Laws (Amendm...
Tuesday, 30 November 2021

Can allegations of demand of dowry and alcohol consumption made by wife amount to ‘cruelty’?

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  The allegations made by the respondent wife with regard to the petitioner demanding dowry and indulging in alcohol consumption, in our vie...
Sunday, 7 March 2021

Whether the burden of proof is on the person to prove a mistake if he pleads mistake?

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  Adverting to the questions of law framed, it is admitted by the respondent that she has been described as a Christian in all her education...
Saturday, 27 February 2021

Whether a party can rely on customary divorce in the absence of a declaration of validity of said divorce by the civil court?

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  In the utter absence of any evidence, let alone conclusive, that the  divorce decree executed purportedly between respondent no.11 and  he...
Sunday, 1 March 2020

When petition for annulment of marriage by husband is not maintainable?

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  The husband has contended and deposed that, he came to know about the fact of first marriage of his wife only when the quarrel broke bet...
Sunday, 8 December 2019

Supreme Court: No valid Marriage if there is only registered agreement of Marriage

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In the agreement of marriage (Ex. P/1), it is only stated that both parties are of same caste and with the permission and consent of both ...
Friday, 26 July 2019

Leading Supreme Court Judgment on grant of permanent alimony

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 In the present case, on the husband's petition, a decree declaring the second marriage as null and void has been granted. The learned...
Sunday, 19 May 2019

Whether petitioner can add ground for divorce by amending his HMP petition?

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After hearing both sides, what appears on record is that the proposed amendments are based upon the grounds already available to the petiti...

When test of due diligence is not applicable while deciding application of amendment of pleading?

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 There is also an argument made on behalf of the respondent about the bar of Order VI Rule 17 of the Code of Civil Procedure in the sense ...