Supreme Court in the case of Smt. Sureshta Devi v. Om Prakash (1991) 2 SCC 25, gives considerable guidance. 33. In Paragraph 8 of the said judgment, this Court summed up the […]
provision of Section 144 of the Cr.P.C. could be used only in emergent situation when there is sufficient ground for proceeding under that Section and there is need for immediate prevention or speedy remedy is desirable.
Apart from the self-serving statements in the petition and her chief examination affidavit, the petitioner has failed to substantiate by producing cogent documents or iota evidence to prove her case. Thus she is not entitled for the relief U/s.19 of PWDV Act
In a Domestic Violence Complaint u/s 12 of the DV ACT, if the Complainant wife takes the plea that she has lodged a Police Case u/s 498A of IPC and makes it […]
when there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA test is eminently needed.
the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in life, an experience of the joy that comes from enjoying, in common, things of the matter and of the spirit and from showering love and affection on one’s offspring. Living together is a symbol of such sharing in all its aspects. Living apart is a symbol indicating the negation of such sharing.
Hindu Marriage Act, 1955, did not prohibit a valid Hindu marriage of a Hindu and another professing a different faith, Supreme Court was unable to agree with such submission in view of the definite scheme of the 1955 Act.
effort of reconciliation is to be made by the Court right from the start of the case and not only after the closure of final hearing of the matter and before the Court proceeds to grant relief under the Act.
Mere filing petition for Divorce by mutual consent does not authorise the Court to make a decree for Divorce
The expression ‘living separately’, connotes to our mind not living like husband and wife. It has No. reference to the place of living.