What is the meaning of “an idiot” in section 5(ii) of the Hindu Marriage Act, 1955

Persons of unsound mind, i.e. idiots and lunatics, though disqualified for civil purposes generally, were not declared incompetent to marry under the accident Hindu Law. But such marriages were reprehensible. The late Sir Gurudas Banerjee in his Tagore Law Lectures on Marriage and Stridhan, Therefore, expressed the view that “an idito and a lunatic being,… Read More What is the meaning of “an idiot” in section 5(ii) of the Hindu Marriage Act, 1955

Annulment refers only to making a voidable marriage null under section 12 of Hindu Marriage Act

Section 12 in The Hindu Marriage Act, 1955 [extract] (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- (a) that the marriage has not been consummated owing to the impotency of the… Read More Annulment refers only to making a voidable marriage null under section 12 of Hindu Marriage Act

Sanjay Kumar Sinha Vs. Asha Kumari & ANR.[ALL SC 2018 APRIL]

KEYWORDS:-  Divorce- pendente lite- DATE:- April 09, 2018 ACTS:- Section 13 AND 24 of the Hindu Marriage Act, 1955 Consequent upon passing of the maintenance order dated 15.07.2016 under Section 24 of the Act by the Family Court, the order passed by the Family Court, Samastipur under Section 125 of Cr.P.C. stands superseded and now no longer… Read More Sanjay Kumar Sinha Vs. Asha Kumari & ANR.[ALL SC 2018 APRIL]

SC hold that unsubstantiated allegations levelled by the Respondent wife and threats and attempt to commit suicide by her amounted to mental cruelty

06-10-2016 Keywords:-Mental torture- extramarital affair-Character assassination-divorce- Narendra vs K.Meena – True, it is very difficult to establish such allegations but at the same time, it is equally true that to suffer an allegation pertaining to one’s character of having an extra-marital affair is quite torturous for any person – be it a husband or a… Read More SC hold that unsubstantiated allegations levelled by the Respondent wife and threats and attempt to commit suicide by her amounted to mental cruelty

SUKHENDU DAS Versus RITA MUKHERJEE [2015 SC]

09-10-2017 Inherent Power of Supreme Court under  Article 142 of Indian Constitution This court in a series of judgments has exercised its inherent powers under Article 142 of the Constitution for dissolution of a marriage where the Court finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even… Read More SUKHENDU DAS Versus RITA MUKHERJEE [2015 SC]