Category: Matrimonial Law

A collection of all the Judgements which are related to Matrimonial Law

SUPREME COURT OF INDIA – SIX MONTH COOLING PERIOD IN A DIVORCE BY MUTUAL CONSENT CAN BE WAIVED BY THE FAMILY COURT

Date of Judgement: 12.09.2017:   In the matter of Amardeep Singh vs. Harveen Kaur the question which arose for consideration before the Hon’ble Supreme Court of India in this appeal was whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 for filing of second motion for passing of Decree of divorce on...

SUPREME COURT OF INDIA – DIRECTIONS ON CRUELTY – DOWRY DEMAND AND MISUSE OF SECTION 498-A OF INDIAN PENAL CODE

Date of Judgement: 27.07.2017: Main contention raised in this appeal is that there is need to check the tendency to rope in all family members to settle a matrimonial dispute. Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who...

SUPREME COURT OF INDIA – THE STATEMENTS AND ACTS WHICH CONSTITUTES AN ACT OF CRUELTY FOR SUSTAINING THE CLAIM FOR DIVORCE

Supreme Court of India Date of Judgement: 06.10.2016 FACTS OF THE CASE:- The reason for filing the divorce petition was that the wife had become cruel because of her highly suspicious nature and she used to level absolutely frivolous but serious allegations against Husband regarding his character and more particularly about his extra-marital relationship. Behaviour of the wife made life...

SUPREME COURT OF INDIA – GRANT OF A DECREE OF DIVORCE BY MUTUAL CONSENT BY WAIVING THE SIX MONTH STATUTORY PERIOD OF WAITING

Supreme Court of India Date of Judgement: 04.08.2016 Grant of a decree of divorce by mutual consent by waiving the six month statutory period of waiting. Facts of the case :- Parties living separately for more than five years-Husband want to go USA and wife also has to think about her future-Decree of divorce granted by the Hon’ble Supreme Court...

BOMBAY HIGH COURT- WHILE GRANTING ANTICIPATORY BAIL TO A MAN THE HON’BLE BOMBAY HIGH COURT OBSERVED THAT IF A MAJOR AND EDUCATED WOMAN GETS INTO PHYSICAL RELATIONSHIP WITH SOMEONE AND UNDERSTANDS ITS CONSEQUENCES, THEN IT WOULD NOT FALL UNDER THE AMBIT OF RAPE

Bombay High Court Date of Judgement: 10.03.2016 In the present case, a 25 years old man was accused of rape, cheating and criminal intimidation by his former 24 years old partner. In the complaint, she alleged that the accused had got her into a physical relationship on the pretext of marriage and later refused to marry her. Click Here To...

POWERS AND PROCEDURE OF DELHI CAW CELL (CRIME AGAINST WOMEN CELL)

In Delhi (CAW Cell) Crime Against Women Cell was established in 1983, under section 19 of the Delhi Police Act. After receiving a complaint from women, CAW cell examines the alleged offences, provide the assistance in reconciliation and prevents the miscarriage of justice, instead of straightaway registering the FIRs on complaints lodged by women. The first step in the CAW cell process...

SUPREME COURT OF INDIA – WHETHER CONSENSUAL SEX WITHOUT ANY DELIBERATION ABOUT MARRIAGE IS WITHIN THE DEFINITION OF RAPE?

Supreme Court of India Date of Judgement: 06.01.2016 The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage, while acquitting the accused from all the charges against him. In...

DELHI HIGH COURT – SECTION 24 OF HINDU MARRIAGE ACT – AD-INTERIM MAINTENANCE – WIFE IS ENTITLED TO SAME STANDARD OF LIVING WHICH SHE WAS ENTITLED TO LIVE ALONG WITH HER HUSBAND

Delhi High Court Date of Judgement: 03.03.2015 Hindu Marriage Act 1955 – Section 24 – Ad-interim maintenance – Quantum of – Respondent (Husband) has filed divorce petition seeking dissolution of marriage on the grounds of cruelty and desertion – Respondent (Husband) has not been truthful in revealing his correct income and it is only a false statement made by respondent that...

SUPREME COURT OF INDIA – MATRIMONIAL DISPUTES – CODE OF CRIMINAL PROCEDURE SECTION 41 – INDIAN PENAL CODE SECTION 498-A AND DOWRY PROHIBITION ACT SECTION 4 – ANTICIPATORY BAIL AGAINST ARREST – PROVISIONS ARE USED AS WEAPONS RATHER THAN TOOL OF LAW

Supreme Court of India Date of Judgement: 02.07.2014 Supreme Court of India-Matrimonial Disputes-Code of Criminal Procedure Section 41 – Indian Penal Code Section 498-A  and Dowry Prohibition Act Section 4- Anticipatory bail against arrest – provisions are used as weapons rather than tool of law – attitude to arrest first and then proceed with the rest is despicable – it has...