Showing : 511-520 of 3334 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27, Constitution of India, 1950, Article 142-- Divorce - Parties living separately for more than 17 years and it will not be possible for the parties to live together - There is no purpose in compelling the parties to live together in matrimony - Divorce granted by Supreme Court by exercising power under Article 142 of the Constitution of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4-- Matrimonial case - Recording of evidence through video conferencing - Once settlement fails and if both parties give consent that witness can be examined in Video Conferencing that can be allowed - (Majority View Per Dipak Mishra, CJ. and A.M.Khanwilkar)...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Family Courts Act, 1984, Section 9, Hindu Marriage Act, 1955, Section 23(2)-- Reconciliation - It is general belief that process of reconciliation requires physical presence of both parties at same place and at same time - Physical presence of both parties together is emphasized since it is perceived that when parties are alone together they are able to strike an emotional..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4-- Matrimonial case - Recording of evidence through video conferencing - "Footage in Video Conferencing becomes part of the record" is incorrect - Discussions relayed through Video Conferencing in course of settlement will of course not be recorded - Technology answers our commands - (Dissenting View..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4-- Matrimonial case - Recording of evidence through video conferencing - Video Conferencing cannot be excluded from any stage of proceeding before Family Court - Whether it should be adopted in a particular case must be left to judicious view of Family Court - High Courts will be well advised to..........
PATNA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8-- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
CHATTISGARH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by wife - Allegation that wife expelled from matrimonial home by husband - However, no application for restitution of conjugal rights filed by wife - Rather, she filed civil suit for recovery of dowry items and stridhan - More so, after about one year from said..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Acquittal of husband in a criminal case filed by wife - Case filed by wife cannot be called as a false case, as such, acquittal of husband not a ground of cruelty for husband to get divorce...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Husband not ready to take wife to matrimonial house and so wife has no other alternative than to take steps to enforce her rights by filing proceedings under Protection of Women from Domestic Violence Act and S.125 Cr.P.C - Such steps taken by wife by no..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 24-- Maintenance pendente lite - Financial status of husband and wife can be taken note only for fixation of quantum of maintenance - It is not a criteria for matching financial status of wife or husband...........

Showing : 511-520 of 3334 Results