Section 15 of The Hindu Marriage Act, 1955: “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has […]
Read more "Section 5(1) + Section 15 of The Hindu Marriage Act"Thushara, when 19, married a man, not yet 21, at Chakkulathukavu Bagavathi Temple. Thushara‘s father filed a petition before High Court of Kerala and was awarded her custody. Supreme Court recently called a submission ‘neat’: “High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she has the right to […]
Read more "The Freedom of a Major Girl"In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454 speaking through Justice A.M. Khanwilkar disapproved of the “first strike” principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued, since the mother had not sought custody of the child by approaching any competent Indian Court prior to […]
Read more "The “First Strike” in Child Custody Battles II"Jactitation of marriage means persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto. For the object […]
Read more "Jactitation of Marriage"Recently in M/s. Meters and Instruments Private Ltd. v. Kanchan Mehta, [Criminal Appeal No. 1731 of 2017] Goel and Lalit JJ observed: “There appears to be need to consider categories of cases which can be partly or entirely concluded ‘online’ without physical presence of the parties by simplifying procedures where seriously disputed questions are not required […]
Read more "Video Conferencing in Matrimonial (Cheque) Disputes II (I)"My Lord, Is the statutory period of six months prescribed under Section 13B(2) of The Hindu Marriage Act, 1955 mandatory or directory and if directory can same be dispensed with, exercising power under Article 142? Before 2 Judges in Manish Goel, (2010) 4 SCC 393 the question was not raised: “The statutory period of six […]
Read more "Section 13B of The Hindu Marriage Act III"The Court ‘needed to consider’ whether a general order could be passed to the effect that in a case where a husband files matrimonial proceedings at place where the wife does not reside, the Court concerned should entertain such petition only on the condition that the husband makes appropriate deposit to bear the expenses of […]
Read more "Video Conferencing in Matrimonial Disputes I"A citation of questionable scientific standard. _____ In a child custody dispute in Suburbs of Pittsburgh, 3 teenage boys begged a Family Court Judge not to force continued visits to their father because, they said, he was physically abusive towards them. Judge relied on an Expert Witness, retained by the father, a Columbia University Professor […]
Read more "The Disputed Reality of Parental Alienation Syndrome"Appellant-Husband was treated cruelly by Respondent-Wife. There were repeated threats of suicide [Pankaj Mahajan v. Dimple, (2011) 12 SCC 1]; levelling of disgusting accusations of indecent familiarity with a person outside wedlock [Vijaykumar v. Neela, 2003 (6) SCC 334]. Both are acts of cruelty within the meaning of The Hindu Marriage Act, 1955. Respondent-Wife wanted […]
Read more "Monsters-In-Law III"A ‘domestic violence‘ within the meaning of The Protection of Women from Domestic Violence Act, 2005 is ‘gender neutral‘; physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women. “Even sexual abuse may, in a given fact circumstance, be by one woman on another.” SC in Hiralal Harsora […]
Read more "Monsters-In-Law II"“It is well established, right to life under Article 21 of the Constitution includes the right to lead a dignified and meaningful life and the right to health is an integral facet of this right. In Subhash Chandra Bose, (1992) 1 SCC 441 while dealing with the right to health of workers, it was noted, […]
Read more "Right to Reproductive Health"The ‘statutory period of waiting’ has been waived again in Wadhera v. Wadhera, [Transfer Petition (Civil) No. 569 of 2014]. SC held, “having regard to the background of the several litigations between the parties over a period of 5 years, background of the parties living separately for more than 5 years, submission of the Husband […]
Read more "Section 13B of The Hindu Marriage Act II"“Under Section 7(1), Explanation (b) of The Family Courts Act, 1984 (“Act”) a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8 all those jurisdictions covered under Section 7 are excluded […]
Read more "Dispute on Matrimonial Status"Section 13B of The Hindu Marriage Act, 1955 reads as: “Divorce by mutual consent – (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before […]
Read more "Section 13B of The Hindu Marriage Act I"In 2007, Bharat Matrimony [www.bharatmatrimony.com] shared the following on its website: Limca Book of Records has conferred an honor on Bharat Matrimony for the maximum number of online marriages. In fact, we have 8 times more success stories than the nearest marriage portal [Bharat Matrimony, [Civil Appeal No. 2142 of 2007], decided on 07.01.2016]. People […]
Read more "Matrimony in Bharat / The Importance of Limca Records"To convict for the offence punishable under Section 304-B, the following essentials must be satisfied: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; “Section 304B IPC does not categorize death as homicidal or suicidal or accidental. This is because death caused by […]
Read more "Landmark Judgment on Dowry Deaths"Anuradha v. Mohandas, [Transfer Petition 702 of 2015] Petitioner got married to Respondent in 2010. Petitioner was a divorcee. It was a love marriage. In 2015, Respondent filed for a decree of divorce before Family Court, Bombay. Petitioner moved an application before SC for a transfer of that divorce case to Hyderabad, where she way staying. On […]
Read more "Mohandas Must Pay"My Lord, Family Arrangements? “Paragraph 9 of Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119 deserves full respect.” – Hon’ble Justice Shiva Kirti Singh, Rajni Sanghi v. Western India State Motors, [Civil Appeal No. 3698 of 2006]. _____________ For Interest, Paragraph 9 of Kale v. Deputy Director of Consolidation, (1976) 3 SCC 119 [By virtue […]
Read more "Family Arrangements"My Lord, Decree for Divorce v. Decree for Judicial Separation? “A 3-Judge Bench in Jeet Singh, (1993) 1 SCC 325 ruled that, a Decree or an Order for Judicial Separation permits the Parties to live apart. There would be no obligation for either Party to cohabit with the other; mutual rights and obligations arising out […]
Read more "Divorce v. Judicial Separation"“It may be recalled that owing to curial fiat, it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child. However, in both these cases, it may still remain necessary to furnish a birth certificate. […]
Read more "Birth Certificates"
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