Introductory Notes IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 730 OF 2020(Arising out of SLP (Crl.) No. 9503 of 2018) Payment of Interim Maintenance The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I,...
Matrimonial
to hold that while maintenance may be payable for and during the period of Iddat, a fair and reasonable provision shall be made by her husband forecasting her future needs, would amount to negation of the very object for...
In regard to third question, we hold that Sections 125 to 128 of the Code are not applicable after coming into force of the [Muslim Women (Protection of Rights on Divorce) Act, 1986], save in so far as the parties exercise their...
Under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereafter referred to as the Act ) the provisions under Section 125 of the Code cannot be invoked and applied in case of a divorced Muslim woman and...
Law not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the purpose of living a common life. The said provisions, to the extent of such failure, are in violation...
Shobha Rani Versus Madhukar -Reddy12/11/1987-We are, however, not concerned with criminal offence either under the Dowry Prohibition Act or under the Indian Penal Code. We are concerned with a matrimonial conduct which constitutes cruelty as a ground for dissolution of marriage....
In England until 1858 the only remedy for desertion was a suit for restitution of conjugal rights. But by the Matrimonial Causes Act of 1857, desertion without cause for two years upwards was made a ground for a suit...
The question as to what precisely constitutes “desertion” came up for consideration before this Court in an appeal for Bombay where the Court had to consider the provisions of S. 3(1) of the Bombay Hindu Divorce Act, 1947 whose...
Reputation of the spouse if sullied amongst his colleagues amounts to mental cruelty-SC-26/02/21
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whether the conduct of the respondent would fall within the realm of mental cruelty. Here the allegations are levelled by a highly educated spouse and they do have the propensity to irreparably damage the character and reputation of the...
The word ‘cruelty’ has to be understood in the ordinary sense of the term in matrimonial affairs. If the intention to harm, harass or hurt could be inferred by the nature of the conduct or brutal act complained of,...
Even where the Family Courts are not functioning, the objects and principles underlying the constitution of these Courts can be kept in view by the civil Courts trying matrimonial causes.
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