The calling of names and hurling of abuses such as ‘Hathi’, ‘Mota Hathi’ and ‘Mota Elephant’ by the appellant in respect of her husband – even if he was overweight, is bound to strike at his self respect and self esteem. Obviously, the respondent was sensitive to such taunts, and it is not the appellants… Read More Calling of names and hurling of abuses such as ‘Hathi’, ‘Mota Hathi’ by the wife to her husband is cruelty
Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The principles governing grant of injunction are common to that of granting anti-suit injunction. The cases of injunction are basically governed by the doctrine of equity.… Read More What is Anti-Suit Injunction and when shall it not to be granted?
The custody of the minor girl child M would remain with the appellant until she attains the age of majority or the Court of competent jurisdiction, trying the issue of custody of the minor child, orders to the contrary, with visitation and access rights to the biological father whenever he would visit India… Read More Whether the family Court of Delhi has any jurisdiction when the parties and the minor Daughter are American?
Now, adultery is the sexual intercourse of two persons, either of whom is married to a third person. This clearly supposes the subsistence of marriage between the husband and wife and if during the subsistence of marriage, the wife lives in adultery, she cannot claim Maintenance Allowance under Section 125 of the Code of Criminal Procedure.… Read More Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]
provisions of the Code remain fully applicable to the Muslims, notwithstanding the controversy resulting from the Shah Bano case and the enactment of the Muslim Women (Protection of Rights on divorce) Act, 1986.… Read More A Muslim father to maintain his minor children governed by Cr.P.C- Muslim Women (Protection Or Rights On divorce) Act, has no application.
the right to sue would also survive even if the other spouse dies pending such appeal or application under Order IX, Rule 13, C.P.C. In either case proceedings can be continued against the legal heirs of the deceased spouse who may be interested in supporting the decree of divorce passed against the aggrieved spouse.… Read More Law of Divorce explained by Supreme Court
decree passed by such Ecclesiastical Tribunal cannot be binding on the courts which have been recognised under the provisions of the divorce Act to exercise power in respect of granting divorce and adjudicating in respect of matrimonial matters. … Read More Church Court has no power to grant Divorce in India
It will be necessary to bear in mind that there has been marked change in the life around us. In matrimonial duties and responsibilities in particular. we find a sea change. They are of varying degrees from house to house or person to person. Therefore, when a spouse makes complaint about the treatment of cruelty by the partner in life or relations, the Court should not search for standard in life. A set of facts stigmatised as cruelty in one case may not be so in another case. The cruelty alleged may largely depend upon the type of life the parties are accustomed to or their economic and social conditions. It may also depend upon their culture and human values to which they attach importance. We, the judges and lawyers, therefore, should not import our own notions of life. We may not go in parallel with them. There may be a generation gap between us and the parties. It would be better if we keep aside our customs and manners. It would be also better if we less depend upon precedents. Because as Lord Denning said in Sheldon v. Sheldon, (1966)2 All ER 257, 259 “the categories of cruelty are not closed”. Each case may be different. We deal with the conduct of human beings who are not generally similar. Among the human beings there is no limit to the kind of conduct which may constitute cruelty. New type of cruelty may crop up in any case depending upon the human behaviour, capacity or incapability to tolerate the conduct complained of. Such is the wonderful (sic) realm of cruelty.”
the Court cannot pass a decree of divorce by mutual consent if the Court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality and consent for divorce. Mutual consent to the divorce is a sine qua non for passing a decree for divorce under Section 13-B. Mutual consent should continue till the divorce decree is passed. It is a positive requirement for the Court to pass a decree of divorce. “The consent must continue to decree nisi and case is heard.… Read More What will happen if one consenting party withdraw consent before passing a decree in mutual Consent Divorce Suit?
Supreme Court Demanded Uniform Civil Code for India… Read More Law relating to judicial separation, divorce and nullity of marriage is not uniformin India
Dr. Tahir Mahmood in his book ‘Muslim Personal Law’ (1977 Edition, pages 200-202), has made a powerful plea for framing a uniform Civil Code for all citizens of India. He says .:
“In pursuance of the goal of secularism, the State must stop administering religion-based personal laws”. He wants the lead to come from the majority community but, we should have thought that, lead or no lead, the State must act. It would be useful to quote the appeal made by the author to the Muslim community:
“Instead of wasting their energies in exerting theological and political pressure in order to secure an “immunity” for their traditional personal law from the State’s legislative jurisdiction, the Muslims will do well to begin exploring and demonstrating how the true Islamic laws,, purged of their time-worn and anachronistic interpretations, can enrich the common civil code of India.”
The right conferred by Section 125 can be exercised irrespective. of the personal law of the parties, is fortified, especially in regard to Muslims, by the provision contained in the Explanation to the second proviso to Section 125(3) of the Code.
Section 9 only is a codification of pre-existing law. Rule 32 of O. 21 of the Code of Civil Procedure deals with decree for specific performance for restitution of conjugal rights or for an injunction. … Read More How to enforce conjugal rights in India
The Mohomedan law, on a question of what is legal cruelty between Man and Wife, would probably not differ materially from our own of which one of the most recent exposition is the following:- There must be actual violence of such a character as to endanger personal health or safety; or there must be a reasonable apprehension of it’… Read More Dr. N. G. Dastane Versus Mrs. S. Dastane [ALL SC 1975 March]
Desertion within the meaning of Section 10(1)(a) of the Act read with the Explanation does not imply only a separated residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation. … Read More Smt. Rohini Kumari Versus Narendra Singh [ALL SC 1971 December]