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Matrimonial

A collection of 23 posts

Baburam Gautam vs State of U.P. 2025 INSC 1493 - Irretrievable Breakdown Of Marriage

Baburam Gautam vs State of U.P. 2025 INSC 1493 - Irretrievable Breakdown Of Marriage

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Bhagyashree Bisi v. Animesh Padhee; 2025 INSC 1464 - Marriage Irretrievably Broken Down

Bhagyashree Bisi v. Animesh Padhee; 2025 INSC 1464 - Marriage Irretrievably Broken Down

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Jatinder Kumar v. Jeewan Lata; 2025 INSC 1463 - Irretrievable Breakdown Of Marriage

Jatinder Kumar v. Jeewan Lata; 2025 INSC 1463 - Irretrievable Breakdown Of Marriage

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Nayan Bhowmick v. Aparna Chakraborty; 2025 INSC 1436 - Matrimonial - Irretrievable Breakdown Of Marriage

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Sonia Virk vs Rohit Vats; 2025 INSC 1390 - Irretrievable Breakdown Of Marriage - Permanent Alimony - Judicial Officer Husband

Read Judgment In LawLens Matrimonial - Supreme Court upheld Divorce Decree after it found the marriage irretrievably broken and observed: We see no purpose in perpetuating a legal bond that has long ceased to have any substance. Continuing the marital tie would serve neither the spouses nor their child; rather,

Rousanara Begum vs S.K. Salahuddin, 2025 INSC 1375- Muslim Women (Protection of Rights on Divorce) Act

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Sarvesh Kumar Sharma v. Smt. Sarvesh Kumari Sharma 2025 INSC 1369 - Irretrievable Breakdown Of Marriage - Non-Contest By Wife

Constitution of India - Article 142 - Supreme Court granted decree of divorce on the ground of irretrievable breakdown of marriage to husband and noted: when the wife after having resisted the challenge before the Trial Court, has thereafter, not chosen to contest is a sufficient proof that she is

Sandhya Sahu v. Dharmendra Sahu - Art. 142 - Irretrievable Breakdown Of Marriage

Constitution of India - Article 142 - The power to grant divorce on the ground of irretrievable breakdown rests only with this Court as it is germane from Article 142 of the Constitution of India. (Para 6) [Referred to Shilpa Shailesh v Varun Sreenivasan (2023)14 SCC 231 ] Case Info

Anita v. Indresh Gopal Kohli - Matrimonial Matters - Irretrievable Break Down Of Marriage

Matrimonial Matters - Irretrievable Break Down Of Marriage- The courts, in recent times, often observe that since the parties are living separately, the marriage should be taken to have broken irretrievably. However, before jumping to such a conclusion, it is imperative upon the Family Court or the High Court to

Manoj Dhankar v. Neeharika 2025 INSC 1068 - Child Custody

Child Custody - The central question is not who is right or wrong as between the parents, but what arrangement will best serve the child. The emotional, mental, and physical well-being of the child must always come first - Every child has a right to the affection of both parents.

M.V. Leelavathi vs Dr. C. R. Swamy 2025 INSC 994 - Permanent Alimony

Note Sign in to read our notes on this judgment. Register @ citecase.in to subscribe ! Read Judgment Permanent Alimony - While enhancing the permanent alimony to Rs.50,00,000/- as a one-time settlement, SC observed: Determination of alimony requires consideration of multiple factors. It is evident from the

Madduri Gangaraju @ Babu Rao v. Madduri Sunanda 2025 INSC 991 - Matrimonial - Criminal Prosecutions - Settlement

"Where the matrimonial relationship has come to an end by way of divorce, and the parties have since settled into their respective lives, criminal prosecution emanating from that past relationship ought not to be permitted to linger as a means of harassment"

Navneesh Aggarwal vs State of Haryana 2025 INSC 963 - S.482 CrPC - Matrimonial Matters

Code of Criminal Procedure 1973 -Section 482- While exercising power under Section 482 CrPC to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim

Mange Ram vs State of Madhya Pradesh 2025 INSC 962 - S.482 CrPC - Quashing Power - Matrimonial Cases

Code of Criminal Procedure 1973 - Section 482- while exercising power under Section 482 CrPC to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the

Geeta Rani vs Amardeep - Permanent Alimony

Permanent Alimony -The objective of the grant of permanent alimony is to ensure that, in a marriage that does not survive and has one of the two spouses dependent on the other, the dependent spouse is not left without any source of support. At the same time, it is clear

Rakhi Sadhukhan vs Raja Sadhukhan 2025 INSC 789 - Permanent Alimony

Permanent Alimony - Allowing appeal filed by a wife seeking modification of permanent alimony awarded, SC observed: The respondent-husband’s income, financial disclosures, and past earnings establish that he is in a position to pay a higher amount. The appellant-wife, who has remained unmarried and is living independently, is entitled

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

Jiya vs Kuldeep 2025 INSC 135 - Permanent Alimony

Permanent alimony - Relevant factors for consideration -Referred t0 Rajnesh v. Neha (2021) 2 SCC 324. Summary: SC upheld HC order to the extent of finalising the grant of divorce decree to the parties and observed: awarding an amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) as

Indian Evidence Act

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’

Sugirtha vs Gowtham 2024 INSC 1036 - Child Custody

Child Custody - Father being the natural guardian cannot be denied of the care and custody of the child and that his agony of missing his child’s childhood cannot be prolonged, but the same cannot override the interest of the child. (Para 12) The matrimonial disputes and grave allegations

Amutha vs A.R. Subramanian 2024 INSC 1033 - Hindu Marriage Act - Prolonged Separation - Cruelty - Irretrievable Breakdown Of Marriage - Permanent Alimony

Hindu Marriage Act - Section 13 -Actions causing sustained emotional torment and loss of trust in the marital relationship constitutes cruelty- Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended period, the marital bond becomes a mere legal

Rinku Baheti Vs Sandesh Sharda 2024 INSC 1014 - Women Protection Laws - Misuse - Art. 142 Constitution - Irretrievable Breakdown Of Marriage

Matrimonial Laws - Permanent Alimony - Maintenance -The tendency of parties seeking maintenance or alimony as an equalization of wealth with the other party- The wife is entitled to be maintained as far as possible in a manner that is similar to what she was accustomed to in her matrimonial

Parvin Kumar Jain Vs Anju Jain 2024 INSC 961 -Article 142 Constitution- Irretrievable Breakdown Of Marriage - Permanent Maintenance

Constitution of India - Article 142 -A marriage can be dissolved by this Court on the ground of irretrievable breakdown when the relationship is so strained that the marriage has succumbed to the long standing differences between the parties and it has become impossible to save such a relationship. When