Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27, Constitution of India, 1950, Article 142 -- Divorce - Supreme Court while exercising its inherent powers under Article 142 of the Constitution can grant divorce where it finds that marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the..........
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..........
Family Courts Act, 1984, Section 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 23(2) -- Proceedings in camera - Video Conferencing - Reconciliatory measures are to be taken at first instance and emphasis in on efforts for reconciliation failing which court should proceed for adjudication and command on Family Court is to hold it in camera if either party so desires -..........
Hindu Marriage Act, 1955, Section 26 -- Custody of Child - Welfare of child is paramount and seminal - It is inconceivable to ignore its importance and treat it as secondary - Interest of child in all circumstances remains vital and Court has very affirmative role in that regard - Having regard to nature of interest of child, role of Court is extremely sensitive and it is..........
Family Courts Act, 1984, Section 11, Hindu Marriage Act, 1955, Section 22 -- Proceedings in camera - Video Conferencing - Provision mandates proceedings to be held in camera if one of parties so desires - Proceedings to be held in camera and any matter in relation to any such proceedings may not be printed to published except judgment of High Court of Supreme Court with..........
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..........
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..........
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..........
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..........
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 expulsion wife made a report to..........
