Showing : 41-50 of 437 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by husband - Husband failed to produce on record any cogent and reliable evidence that wife deserted him without any valid reason - More so, Family Court in petition u/s 18 of Hindu Adoption and Maintenance Act specifically held that husband treated wife with cruelty..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 7-- Custody of minor son - Modification of final order rejecting claim of father regarding custody of son - After disposal of main petition, Family Court became functus officio - Question of modifying final order passed therein does not arise - Hence, application for modification of final order not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 25-- Permanent alimony - Pleading by wife in written statement that she be awarded permanent alimony can be treated as an application filed for permanent alimony - But since substantive mandate of law as per S.25 of the Act has not been followed by Family Court, as no discussion of income of parties..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 26, Hindu Marriage Act, 1955, Section 13(1)(a)-- Relief under the Act of 2005 - Where Family Court is dealing with petition for dissolution of marriage filed by petitioner u/s 13(1)(ia) of the Act, petitioner's application u/s 26 of Act of 2005 seeking reliefs u/ss 18, 19, 20, 21, 22 of the Act of 2005 is maintainable before Family Court...........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 26-- Jurisdiction of Court - Civil Court, Family Court and Criminal Court have jurisdiction to entertain and try an application u/s 26 of the Act, in pending proceedings affecting parties and Court can formulate its own procedure to conduct proceedings...........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 26-- Application under the Act - Family Court is empowered to formulate its own procedure for disposal of petitioner's application under the Act - It is not mandatory for Family Court to follow Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 25-- Permanent alimony - Grant of permanent alimony of Rs.15 lakhs without there being any discussion, appreciation, reasoning and categorical findings on material issues such as financial earning capacity of husband to pay alimony and also financial earning capacity of wife - Such direction is wholly..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 3, Rule 1-- Family Court - Duty bound to follow the Code of Civil Procedure as it is deemed to be a Civil Court for the purposes of provisions of the Act and possesses the powers of a Civil Court...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Registration Act, 1908, Section 17-- Registration - Partition deed - When four out of three brothers deposed in Court that they had partitioned a joint family property amongst themselves, law does not require that it should be proved only by a registered document and not otherwise...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 4(4), Family Courts Act, 1984, Section 15-- Kerala Family Courts Rules, 1989, R.48 - Recording of evidence on commission - Matrimonial dispute - Judge of Family Court is given power to record only memorandum of substance of what witness deposes only because judge alone can remove chaff from the grain in assessing witness - Forensic skill of..........

Showing : 41-50 of 437 Results