Eviction under Senior Citizens Act invalid when no maintenance sought: Bombay High Court
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
family and personal law
Divorced Muslim Women can reclaim Gifts and Property Given at Marriage: Supreme Court stresses on Social Justice in Interpreting 1986 Act
The object of the Muslim Women (Protection of Rights on Divorce) Act is to secure the dignity and financial protection of a Muslim women post her divorce which aligns with the rights of a women under Article 21 of the Constitution of India.
Supreme Court | Continuation of irretrievably broken down marriage spells cruelty to both parties; can be read as a ground for divorce under Hindu Marriage Act
Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.
Maintenance of wife and children| Income Tax returns not accurate to determine real income; Family Court must determine husband’s real income: SC
Supreme Court: While deciding a case filed under Section 125 of Code of Criminal Procedure (CrPC), in which the appeal
One cannot seek transfer of execution proceeding under Section 125(3) CrPC to another Court once the order fixing maintenance attains finality: Supreme Court
Supreme Court: In a complex case where both the parties claimed to be disabled to get the matrimonial case transferred to the
Himachal Pradesh High Court | Second Wife entitled to family pension only when personal law of deceased employee allows Bigamy
Himachal Pradesh High Court: In a petition related to family pension, Jyotsna Rewal Dua, J has held that the second wife of
Income, age not enough to tilt the balance in favour of maternal aunt; Grandparents win custody battle of 5-year-old who lost parents to COVID-19: SC
“One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson.”
Explained| Does alienating ancestral property ‘out of love and affection’ come within the scope of the term ‘pious purpose’?
Supreme Court: In a case where a portion of a joint Hindu Family was alienated ‘out of love and affection’ by way
Respondent can’t seek declaration of petitioner’s “second marriage” in a divorce proceeding; Relief can’t be prayed qua third party under Section 23A HMA: SC
Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation etc. can be between the husband and the wife only and cannot extend to the third party.
Appellate Courts can’t “unnecessarily create” suspicion in absence of objection to validity of a Will: Supreme Court
“A testamentary court is not a court of suspicion but that of conscience.”
Ker HC | Court allows Malayali couple stuck in Israel to register their marriage in Kerala via video conferencing
Kerala High Court: The Bench of N.Nagresh, J., directed the Local Registrar to register the marriage of couple living in Israel through
Can an unmarried Hindu daughter claim maintenance from her father? SC clarifies the legal position
Supreme Court: The 3-judge bench of Ashok Bhushan. R. Subhash Reddy and MR shah, JJ has held that an unmarried Hindu daughter
Conversion of Parsi woman on marriage: 5-judge bench to decide the issue
Supreme Court: The 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ referred the question as to
Factors to be considered for grant of interim maintenance, reiterated
Delhi High Court: Reiterating the factors to be considered while considering the merits of an application for grant of interim maintenance under