Family Law - CaseCiter (Page 2)

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Family Law

A collection of 38 posts

Anjali vs Chetan - Dissolution Of Marriage - Quashes 17 Cases

Marriage and Divorce - If the marriage has failed, that is not the end of the life for both. They must look ahead and start a new life. [Context: SC observed thus while it quashed 17 cases filed by husband and wife against each other] Anjali vs Chetan - Dissolution

Varsha Devi @ Varsha Shukla vs State Of U.P. 2025 INSC 235- Husband's Complaint Against Wife Quashed

Summary: The complaint instituted by husband alleging that when the marriage with him was subsisting, the wife entered into a second marriage with another person; in which a child was also born - HC refused to interfere with summoning order- Allowing appeal, SC observed: The proceeding initiated, which is challenged

Jatinder Kumar Sapra vs Anupama Sapra 2025 INSC 237 - Misc. Application

Summary : SC Judgment granting a decree of divorce on the ground of irretrievable breakdown of marriage to husband directed him to pay permanent alimony of Rs. 50,00,000 to wife - Husband filed Miscellaneous Application seeking seeking clarification and modification of the judgment to include the arrears in Maintenance

Sushant Sharma vs UT Chandigarh 2025 INSC 204

Note: No legal aspects discussed in this order. 2025 INSC 204 Sushant Sharma vs UT Chandigarh 2025 INSC 204 Sushant Sharma vs UT Chandigarh .pdf110 KBdownload-circle

Sukhdev Singh vs Sukhbir Kaur 2025 INSC 197 - Alimony - Void Marriages

Hindu Marriage Act, 1955,- Section 25 -A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. Whether such a relief of permanent alimony can

Gudivada Seshagiri Rao Vs Gudivada Ashalatha 2025 INSC 195 - Irretrievable Breakdown Of Marriage

Hindu Marriage Act, 1955 - Section 13B - The legislative intent behind incorporating sub-section (2) to Section 13-B is to enable time to the parties to introspect and consider their decision to separate, before a second motion is moved; when a decree of divorce is sought on a joint petition

Vivek Kumar Chaturvedi vs State Of U.P. 2025 INSC 159 - Habeas Corpus - Child Custody

Constitution of India - Article 226 - Habeas Corpus -There can be no hard and fast rule insofar as the maintainability of a Habeas Corpus petition relating to custody of minor children; which would depend on the facts and circumstances of each case. [In this case, the father is seeking

Geddam Jhansi vs State Of Telangana 2025 INSC 160 - Domestic Violence Act

Protection of Women from Domestic Violence Act, 2005 - In criminal cases relating to domestic violence, the complaints and charges should be specific, as far as possible, as against each and every member of the family who are accused of such offences and sought to be prosecuted, as otherwise, it

N. Usha Rani vs Moodudula Srinivas 2025 INSC 129- S 125 CrPC - Second Marriage

N. Usha Rani vs Moodudula Srinivas 2025 INSC 129- S 125 CrPC - Second Marriage

Code of Criminal Procedure 1973 - Section 125 - The right to maintenance u/s. 125 CrPC is not a benefit received by a wife but rather a legal and moral duty owed by the husband - Referred to Mohd. Abdul Samad vs. State of Telangana - Social welfare provisions

Ivan Rathinam vs Milan Joseph 2025 INSC 115 - S 112 Evidence Act - DNA Test - S 7 Family Courts Act

Indian Evidence Act - Section 112 -Legitimacy determines paternity under Section 112 of the Indian Evidence Act, 1872, until the presumption is successfully rebutted by proving ‘non-access’ (Para 70) The contention that ‘paternity’ and ‘legitimacy’ are distinct or independent concepts is a misdirected notion - An ‘additional’ access or ‘multiple’

Hindu Adoptions and Maintenance Act

Sri Mahesh vs Sangram 2025 INSC 14 - Hindu Adoptions and Maintenance Act - Relation Back Principle - Gift

Hindu Adoptions and Maintenance Act, 1956- Section 16 - wherever any document registered under the law is produced before the court purporting to record an adoption made and is signed by the persons mentioned therein, the court should presume that the adoption has been made in compliance with the provisions

Maintenance and Welfare of the Parents and Senior Citizens Act

Urmila Dixit vs Sunil Sharan Dixit 2025 INSC 20 -S 23 Senior Citizens Act

Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 - Section 23- Tribunals under the Act may order eviction if it is necessary and expedient to ensure the protection of the senior citizen. Therefore, it cannot be said that the Tribunals constituted under the Act, while exercising jurisdiction

Benudhar Naik Vs Prabasini @ Tuni Naik - Permanent Alimony - Irretrievable Breakdown Of Marriage

Constitution of India - Article 142 - The prolonged separation and the severity of the allegations are evidence of the fact that the marriage between the parties has completely broken down- Supreme Court has the discretionary power under Article 142(1) of the Constitution of India to dissolve a marriage