FAMILY LAW MATTERS

(a) Anjana Kishore v. Puneet Kishore : (2002)10SCC194

(b) Swati Verma (Smt.) v. Rajan Verma and Ors. : AIR2004SC161  also see Durga Prasanna Tripathy vs Arundhati Tripathy on 23 August, 2005

14.in the following three cases, the Apex Court has observed that the question of desertion is a matter of inference to be drawn from the facts and circumstances of each case and those facts have to be viewed as to the purpose which is revealed by those facts or by conduct and expression of intention, both anterior and subsequent to the actual act of separation.

(a) Sanat Kumar Agarwal v. Nandini Agarwal : AIR1990SC594

(b) Adhyatma Bhattar Alwar v. Adhyatma Bhattar Sri Devi : AIR2002SC88

(c) G.V.N. Kameswara Rao vs. G. Jabilli : [2002]1SCR153

15. On the question of how to ascertain continuing consent in a proceeding under Section 13B of the said Act, the decision in the case of Smt. Sureshta Devi v. Om Prakash : [1991]1SCR274 , gives considerable guidance.

In Paragraph 8 of the said judgment, the Apex Court summed up the requirement of Section 13B(1) as follows:

8. There are three other requirements in Sub-section (1). They are:

(i) They have been living separately for a period of one year.

(ii) They have not been able to live together, and

(iii) They have mutually agreed that marriage should be dissolved.

16. Hindu Marriage Act, 1955 — S. 15 — Interpretation of: Restriction placed on second marriage under S. 15 till dismissal of appeal, held, would not apply to such cases, where the facts establish, that the parties have decided not to pursue appeal. [Anurag Mittal v. Shaily Mishra Mittal, (2018) 9 SCC 691]

17. Hindu Law — Marriage and Divorce — Grounds for Divorce — Irretrievable breakdown of marriage: In this case divorce was granted ex parte by impugned judgment, thus prejudicing rights of appellant wife. It was held that logical consequence would normally be to set aside impugned judgment and remit matter for fresh consideration. However, considering that parties were willing to part company on mutually acceptable terms, appellant husband was directed to pay Rs 30 lakhs towards permanent alimony plus Rs 5 lakhs by way of gesture of goodwill towards her medical expenses finding that parties were living separately for more than a decade and there was absolutely no chance of reconciliation, no issue was born from wedlock, appellant wife ailing for long time and staying with her relatives having no independent income while respondent husband was quite resourceful residing in independent bungalow in posh colony in Pune. [Usha Uday Khiwansara v. Uday Kumar Jethamal Khiwansara, (2018) 9 SCC 569]

18. Protection of Women from Domestic Violence Act, 2005 — Ss. 12 to 20 — Monetary relief: The proceedings for monetary relief, under 2005 Act are summary in nature. In case of reduction of maintenance amount by appellate court, claim was filed for enhancement of maintenance before Supreme Court while main appeal was still pending before High Court. Parties submitted copious materials to substantiate their claims. Considering peculiarity of case, aggrieved person was relegated to file suit for maintenance under Hindu Adoptions and Maintenance Act or petition under S. 125 CrPC as process involved proof of such documents after cross-examination of parties. [Shalu Ojha v. Prashant Ojha, (2018) 8 SCC 452]

19. It is settled legal proposition that while determining the question as to which parent the care and control of a child should be given, the paramount consideration remains the welfare and interest of the child and not the rights of the parents under the statute. Such an issue is required to be determined in the background of the relevant facts and circumstances and each case has to be decided on its own facts as the application of doctrine of stare decisis remains irrelevant insofar as the factual aspects of the case are concerned. While considering the welfare of the child, the "moral and ethical welfare of the child must also weigh with the court as well as his physical wellbeing". see the Judgment Perry Kansagra Vs. Smriti Madan Kansagra  [Civil Appeal No. 1694 of 2019 @ Special Leave Petition (Civil) No.9267 of 2018] 

20. To deal with the question of property of a minor is beyond the scope of the Act and no such power has been conferred vis-a-vis there is no jurisdiction of the Family Court to exercise the same. We are convinced that there is no scope for the Family Judge to appoint a guardian or manager in respect of the property of minor. see odisha high court judgment Susila Naik vs Judge, Family Court, Rourkela And ... on 7 February, 1997 

21. A decree of divorce by mutual consent cannot be granted earlier than six months after the date of presentation of the petition under Sub-section (1) or latter than 18 months after the said date of presentation...Sulochana Mohapatra vs Pravat Kumar Mohapatra on 15 April, 2002 

22. Renubala Moharana and Anr. v. Mina Mohanty and Ors., AIR 2004 Supreme Court 3500 envisages that a proceeding under Section 7(1) of the Family Courts Act is not maintainable to declare illegitimacy of a child.

23. A petition u/sec 13 of HMA can be converted to on mutual consent to 13-B of HMA.....Smt. Shashi Garg vs Sh. Arun Garg on 18 September, 1997 

24. Irretrievable breakdown of the marriage is not a ground by itself. But while scrutinising the evidence on record to determine whether the ground(s) alleged is/are made out and in determining the relief to be granted, the said circumstance can certainly be borne in mind ...Durga Prasanna Tripathy vs Arundhati Tripathy on 23 August, 2005 

25. . The Supreme Court determined that a victim of a bigamous marriage is entitled to maintenance. The Court had commented that though such marriages are illegal as per the provisions of the Act, they are not ‘immoral’ and hence a financially dependent woman cannot be denied maintenance on this ground.........Badshah vs Sou. Urmila Badshah Godse & Anr on 18 October, 2013

26. 498(A) IPC Case Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter ....RUPALI DEVI … APPELLANT VERSUS STATE OF UTTAR PRADESH & ORS. 

27. The restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal..... Civil Appeal No.18312 of 2017 

28. Six month waiting period under HMA not mandatory.......Amardeep Singh vs Harveen Kaur on 12 September, 2017 

29. Confession of the respondent before the plaintiff that she had conceived before marriage and repeated threats to commit suicide constitute mental cruelty .....Sri Prasanta Kumar Mishra vs Smt. Suryamani Mishra on 11 August, 2017 

30. Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse .....Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014 

31. The persistent effort of the Respondent wife to constrain the Appellant to be separated from the family would be torturous for the husband ......Narendra vs K.Meena on 6 October, 2016 

32. We have referred to the said incident as we are of the considered opinion that the subsequent events (after filing of Divorce petition) can be taken into consideration. ......Vishwanat vs Sau. Sarla Vishwanath Agrawal on 4 July, 2012 

33. Denial of sexual intercourse amounts to cruelty....Parveen Mehta vs Inderjit Mehta on 11 July, 2002 

34. Pension Can Be Attached To Recover Maintenance For Wife: Bombay HC....CRIMINAL REVISION APPLICATION NO.202 OF 2018 

35. restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal. ...Mr. Anurag Mittal vs Mrs. Shaily Mishra Mittal on 24 August, 2018  

36. Under Section 9 of the Family Courts Act, 1984, the Court has a duty to make an endeavour to assist and persuade the parties in arriving at a settlement. ...Anu Bhandari vs Pradip Bhandari on 15 February, 2018 

37.  Consequent upon passing of the maintenance order dated 15.07.2016 under Section 24 of the Act by the Family Court, the order passed by the Family Court, Samastipur under Section 125 of Cr.P.C. stands superseded and now no longer holds the field....Sanjay Kumar Sinha vs Asha Kumari on 9 April, 2018 

38. The Supreme Court in the case of Daniel Latifi v. Union of India a  held that reasonable and fair provisions include provision for the future of the divorced wife (including maintenance) and it does not confine itself to the iddat period only. The Constitutional validity of the Act was also upheld. 

39. Whether the appeal ends in divorce or no, the wife’s claim for maintenance qua wife under the definition contained in the Explanation (b) to sec. 125 of the Code continues unless parties make adjustments and come to terms regarding the quantum or the right to maintenance. We make the position clear that mere divorce does not end the right to maintenance.” .....Ramesh Chander Kaushal vs Veena Kaushal & Ors on 27 April, 1978. 

40. The essence of the directions given in Lakshmi Kant Pandey case (supra) is as follows: (1) Every effort must be made first to see if the child can be rehabilitated by adoption within the country and if that is not possible, then only adoption by foreign parents, or as it is some time called ‘inter- country adoption’ should be acceptable. 

41. While considering the provisions of Section 11 of the Hindu Marriage Act, 1955 this Court inYamunabai v. Anantrao  has taken the view that a marriage covered by Section 11 is void-ipso-jure, that is, void from the very inception. Such a marriage has to be ignored as not existing in law at all. It was further held by this Court that a formal declaration of the nullity of such a marriage is not a mandatory requirement though such an option is available to either of the parties to a marriage. 

42.Further, the court held that the estranged wife or live-in-partner would be entitled to extra relief under the provisions in Section 3(a) of the DVC Act, 2015 than what is provided under Section 125 of the CrPC i.e. to a shared household also. ...Lalita Toppo vs The State Of Jharkhand on 30 October, 2018 

43. Section 26 of HMA further indicates that orders with respect to the custody, maintenance and education of minor children cannot be passed unless a proceeding under the Act is either pending or having been started has been decreed under the Act.....Baby Sagarika Jena (Rosy) And Anr. vs Bishnu Charan Jena on 16 January, 1984 

44. Non-compliance of order to pay interim maintenance is not a situation envisaged to pass ex parts order ..Jayaram Thakra @ Jhagara vs Sabitri Thakra And Ors. on 28 March, 1991

45. Therefore, in view of the fact that the decree for restitution of conjugal right has not been complied with by the wife, prima facie, it must be taken that the wife has refused to live with her husband without sufficient reason and is disentitled to claim maintenance. In such view of the matter, the order of interim maintenance in favour of the wife cannot be sustained. .....Balaram Dash vs Smt. Gitanjali Dash And Ors. on 12 July, 2000 

46. When civil court passed a decree declaring the marriage as null and void, wife is not entitled for maintenance...Ram Prasanna Dash vs Bhabani Devi on 23 April, 1990 

47. The plain language of the provision makes it clear that if the Court does not specifically indicate the date from which maintenance shall be payable, it should be taken to have been ordered from the date of order ...Susmita Mohanty vs Rabindra Nath Sahu on 19 February, 1996 

48. Although the discretion conferred on the court is wide, the Section provides guideline inasmuch as while fixing the interim maintenance the court has to give due regard to the income of the respondent and the petitioner's own income ..Neeta Rakesh Jain vs Rakesh Jeetmal Jain on 20 July, 2010

49. We are, therefore, of the view that in the peculiar circumstances of the case, the bar under Section 125(3) cannot be applied and the High Court has erred in reversing the order of Sessions Judge. It must be borne in mind that Section 125 Cr. P.C. is a measure of social legislation and it has to be construed liberally for the welfare and benefit of the wife and daughter..Shantha @ Ushadevi & Anr vs B.G.Shivananjappa on 6 May, 2005 

50. Proceedings u/sec 125 Cr.p.c. are civil in nature...Iqbal Bano vs State Of U.P. And Anr on 5 June, 2007.

51. The Supreme Court of India has held that a woman can lodge a complaint under the domestic violence law against the cruel acts committed by her ex-husband even after the dissolution of marriage. ................The ruling was passed by a three-judge bench comprising Justices Ranjan Gogoi, R Banumathi and Navin Sinha. The ruling came on a plea that challenged an order by the Rajasthan High Court 

52. SC: Few Isolated Incidents of Long Past cannot be Cruelty and Ground for Divorce ....Suman Singh vs Sanjay Singh on 8 March, 2017 

53.  Since the appellant is employed and is drawing a salary of Rs.9,000/- per month, we do not intend to enhance the interim maintenance awarded to her by the High Court during the pendency of the appeal ....Anu Kaul vs Rajeev Kaul on 23 March, 2009 

54. Under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also .....Lalita Toppo vs The State Of Jharkhand on 30 October, 2018 

55. Wife living separately from Husband without any reason cannot claim maintenance under Section 125 CrPC......Anil Jain vs Smt. Sunita on 29 November, 2016 

56. A person who is in the Third Category is entitled to remain beyond the duality of male/female or opt to identify oneself as male or female. It is entirely the choice of the individual concerned ......WP(MD)No.4125 of 2019 

57. In other words, if the second motion is not made within the period of 18 months, then the Court is not bound to pass a decree of divorce by mutual consent. .Hitesh Bhatnagar vs Deepa Bhatnagar on 18 April, 2011 

58. Leprosy No More Ground For Divorce : Personal Laws (Amendment) Act 2019 Notified......THE  PERSONAL  LAWS  (AMENDMENT)  ACT,  2019 

59. In determining  the  limit at 25% of the 'free income'  of the appellant,  amounts payable towards income  tax,  compulsory provident  fund,  and expenses for maintaining the  car   for professional   purposes   as  allowed  by  the        income        tax authorities,  should  be  allowed  as  deductions  from     the husband's total income......Kulbhushan Kumar vs Raj Kumari & Anr on 20 October, 1970 

59-A.25% Of Husband’s Net Salary Just & Proper To Be Awarded As Maintenance To Wife: SC .....Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017

60. Judicially Separated Wife is also entitled to Maintenance.......Sanju Devi vs The State Of Bihar on 6 December, 2017 

61. Cr.P.C. S.125(3): There is no bar to commit a person under S.125(3), Cr.P.C. to commit a person defaulting in payment of maintenance amount to imprisonment and also simultaneously to proceed against his properties, be it movable or immovable for realisation of the maintenance amount -Smt. Kuldip Kaur Vs. Surinder Singh, AIR 1989 SC 232. .......Smt. Kuldip Kaur vs Surinder Singh And Anr on 3 November, 1988 

62. We are, therefore, of the view that in the peculiar circumstances of the case, the bar under Section 125(3) cannot be applied and the High Court has erred in reversing the order of Sessions Judge. It must be borne in mind that Section 125 Cr. P.C. is a measure of social legislation and it has to be construed liberally for the welfare and benefit of the wife and daughter. It is unreasonable to insist on filing successive applications when the liability to pay the maintenance as per the order passed under Section 125(1) is a continuing liability .......Shantha @ Ushadevi & Anr vs B.G.Shivananjappa on 6 May, 2005 

63.We must immediately clarify that this Section or for that matter any other provision including those contained in the G&W Act, does not disqualify the mother to custody of the child even after the latter's crossing the age of five years. ....The focal point for consideration in such cases is welfare of the child.......Roxann Sharma vs Arun Sharma on 17 February, 2015 

64. Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC.....Ganesh vs Sudhirkumar Shrivastava on 22 April, 2019  

65. we conclude that the marriage of a Muslim man with an idolater or fire­worshipper is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage. Any child born out of such wedlock (fasid  marriage)   is   entitled   to   claim   a   share   in   his   father’s property. .....CIVIL APPEAL NO. 5158 OF 2013  

66. If a party to a marriage, by his own conduct brings the relationship to a point of irretrievable breakdown, he/she cannot be allowed to seek divorce on the ground of breakdown of the marriage. .....Neelam Kumar vs Dayarani on 6 July, 2010 

67. Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC........Mat.Appeal.No. 383 of 2016 

68. we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so ........Amardeep Singh vs Harveen Kaur on 12 September, 2017 

69. No period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being nullity/void marriage, under Section 24 of the Act and rightly so, as once the marriage is void the same is a nullity and at any time the same can be declared as nullity being a void marriage......Swapnanjali Sandeep Patil vs Sandeep Ananda Patil on 6 March, 2019 

70. Unnatural sex, sodomy, oral sex and sex against the order of the nature, against the wishes of a women or wife or anybody is not only a criminal offence but also a marital wrong and amounts to cruelty which is a good ground for dissolution of marriage .......Sanjeev Gupta vs Ritu Gupta on 24 May, 2019 

71. Brother In Law Can Be Ordered To Pay Maintenance To Widow Under Domestic Violence Act, Says SC-----Ajaya Kumar Vs Lata @ Sruti 

72. Compact Disc(CD) Admissible In Evidence In Family Court Even Without Sec.65B(4) Certification : Kerala HC........Pramod E.K vs Louna V.C on 14 January, 2019

73. Whether judgment passed by Civil Court will be a nullity if Family court is working in that area....yes....Whenever in any city there is a family court, all Civil Judges (Sr. Divn.) should see whether the cause of action for the matrimonial petitions filed before them arises within the area for which Family Court has been established or not. If it is established, the Civil Judges (Sr. Divn.) should return the plaint and should avoid unnecessary wastage of time, money and energy of the litigants. As Sec. 8 of the Family Courts Act has taken away the jurisdiction ......Ravindra Sukhdev Ghadge vs Swati Ravindra Ghadge Swati ... on 2 November, 2018. 

74. Whether major daughter can seek maintenance U/S125 of CRPC from father through her mother...........Agnes Lily Irudaya Vs  Irudaya Kani Arsan 

75. Duty of court prior to passing of decree for annulment of marriage on ground of mental illness of wife .......Seema Ambadas Khedkar  Vs. Ambadas Jagannath Khedkar 

76. Whether court can return original POA document during pendency of suit ...... Sangeeta Shrikant Pingale  Vs. Shrikant Snankar Pingale 

77. Whether magistrate can impose imprisonment for more than one month if default in payment of maintenance is more than one month.....Shri.Anil Sampatrao Kothawale vs Pushpabai Anil Kothawale And ... on 16 October, 2018. 

78. Whether wife can be denied interim maintenance if she has converted herself from Hinduism to other religion...... K. Gurusamy Vs.  G. Malliga 

79. Whether proceeding for divorce will be barred by res judicata if there is decree or dismissal of suit for restitution of conjugal rights......Balveer Singh vs Harjeet Kaur on 22 June, 2017 

80. Whether wife can be imprisoned if she fails to obey decree for restitution of conjugal rights..........Meenal Bhargava vs Naveen Sharma on 9 May, 2018 

81. Whether wife can initiate proceeding for permanent alimony after decree of divorce....... Poonam Sharma  Vs.  Vishnu Kumar 

82. Whether divorce for mutual consent can be granted even if wife was not present at the time of second motion.....TINA GUPTA Vs VISHAL GUPTA  

83. Whether unmarried daughter is entitled to get maintenance under Hindu adoption and maintenance Act.....Rajendra Mahadeo Deokule Vs. Suvarna Rajendra Deokule and Ors 

84. Whether interim maintenance granted under DV Act can be adjusted against maintenance granted U/S 125 of CRPC......Vishal S/o. Rajesaheb Gore  Vs  Sow.Aparna W/o Vishal Gore 

85. Whether maintenance granted U/S 125 of CRPC will be superseded if maintenance is granted U/S 24 of Hindu marriage Act.....  Sanjay Kumar Sinha  Vs. Asha Kumari and Ors.

86. Will Single Act Of Unchastity Disentitle Wife From Claiming Maintenance? Kerala HC Asks Family Court To Reconsider Wife's Plea .........R.P(F.C)No.115 of 2019 

87. Wife cannot claim maintenance under Special Marriage Act(sec.36)C O no 1972 of 2016 if she has sufficient independent income: Calcutta High Court......

88. Petition for recovery of arrears of maintenance can be filed even after of One Year......in a peculiar circumstances ...Shantha @ Ushadevi & Anr vs B.G.Shivananjappa on 6 May, 2005 

89. The Madras High Court has held that unmarried daughter can claim maintenance from her father by filing a petition under Section 125 of Code of Criminal Procedure. ....Crl.O.P 15336/2019 

90. Whether wife can claim interim maintenance so that her income becomes equal with the income of husband......MAT. APP(F.C) 93/2018 and CM APPL 18317/2018 

91. Custody of child to mother........child's welfare is paramount consideration .........Gaurav Nagpal vs Sumedha Nagpal on 19 November, 2008 

92.Custody of child to father........child's welfare is paramount consideration......Mausami Moitra Ganguli vs Jayanti Ganguli on 12 May, 2008 

93. Wife Need Not Be Subjected To Virginity Test Merely Because She Sought Divorce On The Ground Of Non Consummation Of Marriage: Calcutta HC......C.O. 3310 of 2018 

94. Wife entitled to permanent alimony even if a decree declaring her marriage null and void has been passed under S. 11 of HMA......Sukhbir Kaur v. Sukhdev Singh 

95. The provision does not contemplate that complaint for offence under Section 498-A should be filed only by women, who is subjected to cruelty by husband or his relative......CRIMINAL APPEAL NO.594 of 2019 

96. Whether prosecution for offence u/sec 498-A IPC can be quashed  if complaint was filed ling after divorce... CRIMINAL APPEAL NO.1048 OF 2018 

97. there is no law prohibiting the Christian couple to adopt male or female child, although they may have natural born male or female child .......Pharez John Abraham (Dead) By Lrs. …Appellants Versus Arul Jothi Sivasubramaniam K. & others …Respondents 

98. Section 24 CPC: Mere Inconvenience Of Wife To Attend The Court Not A Ground To Transfer Matrimonial Proceedings: Calcutta HC..........C.O. No. 622 of 2019 

99. Whether live in partner can claim maintenance under DV act.......Crl Appeal no 1656 of 2015 

100. The claim of a mother under sec. 6 of Hindu Minority and Guardianship act 1956 as the natural guardian of a minor cannot be used to decide the jurisdiction of the Family Court under sec.9 of the Guardian and wards act....MAT.APP.(F.C.) 244/2018 

101. Whether Magistrate can consider the legality of the divorce decree application u/sec 12 of DV act...scInderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011 

102. Whether suit for dissolution of marriage by Muslim husband is maintainable ...Md. Yusuf vs Nasreen Begum on 18 June, 2018 

103. Leading supreme court judgment on permanent alimony.....Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga on 13 December, 2004 

104. Whether present suit for maintenance u/sec. 18 and 20 of the Hindu Adoption and Maintenance Act 1956 is hit by the principles of res-judicata in view of the order of maintenance passed u/sec. 125 of the Cr.P.C...Karuna Narendra Dhole And Others vs Narendra Dharmaraj Dhole on 2 May, 2017 

105. Relief under DV act can be sought for even after award of 125 Cr.p.c.SC......Spcial leave crl appeal 6005/2019 

106. The petitioner shall have no right of access to the minor child until he deposits with the Family Court all arrears of maintenance up-to-date, and gives an undertaking in writing to the Court that he shall continue to abide by the order of the Court from month to month..........Vinodchandra Gajanan Deokar vs Smt. Anupama Vinodchandra And ... on 24 July, 1992 

107. Section 14 of the Hindu Marriage Act can be waived and dispensed with on the court being satisfied on the petitioner making out a case for the grant of such waiver.....Shri Arvind Kumar vs Smt.Nirmala Bharti @ Neha on 3 August, 2011 

108. Whether widowed daughter in law is entitled to get maintenance from father in law if there is no coparcenary property...... Venubai Wasudeo Rambhad Vs. Laxman Lahanuji Rambhad and Ors. 

109. Whether father in law is primarily liable to pay maintenance to widowed daughter in law........ Madhukar  Vs. Shalu 

110. In matrimonial disputes it is better to refer the parties to ADR on completion of service of notice and before respondent submits his / her pleadings. ......Bhavana Ramaprasad vs Yadunandan Parthasarathy on 31 October, 2014 

111. NBW & conditional DW can be issued in 128 Cr.P.c proceeding.....Naresh Chandra Panda vs Smt. Minarani Panda And Others on 6 November, 2017 

112.Under Section 125(3) Crpc, the statute has prescribed a period of limitation of one year, whereas in respect of a proceeding under Section 128 of Code of Criminal Procedure, there is no limitation provided at all .......Shakuntala vs Bablu on 17 September, 2016

113. Thus, once a Family Court is established, even as regards execution of the decree, the ordinary civil Court assumes jurisdiction only when a decree is transferred to it for execution by the Family Court. ........Mayadhar Mallik vs Smt. Laxmi Mallik And Ors. on 23 October, 1998 

114.an order passed under Section 24 or 26 of Marriage Act is an interlocutory order and as such, no appeal would lie in terms of Section 19(1) of the Act. The question is whether revision would lie. In view of what has been stated in Sub-section (5), revision would not lie..........Swarna Prava Tripathy And Anr. vs Dibyasingha Tripathy And Anr. on 5 May, 1998

115.Apex Court contended that in a matter like this, particularly seeking divorce on the ground of adultery/Cruelty, the Court can act on preponderance of probabilities and arrived at a conclusion and need not expect that all the conditions prescribed are to be satisfied beyond a reasonable doubt.......Pasumpon Gandhi vs Shirely Gandhi on 28 November, 2002

116. It is the duty of the Family Court to secure attendance of OP in divorce cases to bring the parties to the process of conciliation...warrant can also be issued for the purpose.......Jagraj Singh vs Birpal Kaur on 13 February, 2007 

117. Family court appeal limitation is 30 days although statue provides 90 days...Bibhuti Bhushan Rout vrs. Sasmita Nayak and another............MATA-54 of 2020 (OHC)......26.09.2023.

118. Order passed u/sec 12 of Guardian and wards act being and interlocutory order, appeal is barred u/sec 47 of the G & W act.......Colonel Ramesh Pal Singh vs Sughandhi Aggarwal on 1 October, 2019 

119. Whether wife can file Civil Suit for recovery of stridhan?...........Om Prakash Tiwary Vs. Smt. Neetu Tiwary 

120. ST parties professing hinduism, if prove on pleading and evidence, are governed under Hindu marriage act......Dhanurjaya Kirsani vs Sukra Kirsani And Ors. on 20 June, 1986  

121. Domestic violence cases can be transferred to Family Court to be heard along with matrimonial matter .....A Single Judge Bench of Justice SC Gupte 

122. Supreme Court has enhanced the maintenance amount of a daughter considering her age ....ANIRBAN GHOSH vs SANCHITA GHOSH on 03.12.2019 

123. Whether husband can compel wife to adduce her evidence reserving his right to adduce evidence?.....Sandip Sankarlal Kedia Vs.  Pooja Sandip Kedia 

124. Whether Family court can entertain petitions u.sec 26 of DV act....Ms.Ambreen Akhoon                                   ... Petitioner                                                                                       Vs.              Shri Aditya Aurn Paudwal & anr. 

125 Conversion of case of 13(1) HMA to 13(B) HMA by amendment is permissible .......Dhanjit Vadra vs Smt. Beena Vadra on 30 January, 1990 

126. Compromise in divorce case in HMA is not acceptable other than as under sec. 13B.........Sanjeeta Das vs Tapan Kumar Moahnty on 22 September, 2010 

127. strict proof of marriage should not be a pre-condition for maintenance under Section 125 of the Cr.P.C ...Chanmuniya vs Virendra Kumar Singh Kushwaha & ... on 7 October, 2010 

128. the wife should be in a position to maintain standard of living which is neither luxurious nor penurious but what is consistent with status of a family ......Chaturbhuj vs Sita Bai on 27 November, 2007 

129.parents who are unable to maintain them- selves can claim maintenance also from their daughters under section 125(1)(d) Cr.P.C. ......Dr. (Mrs.) Vijaya Manohar Arbat vs Kashi Rao Rajaram Sawai And Anr on 18 February, 1987

130. and strict proof of marriage should not be a precondition for maintenance under Section 125 CrPC .......Kamala vs M.R.Mohan Kumar on 24 October, 2018 

131. Mother in law entitled for maintenance from daughter in law u/sec 125 cr.pc...Smt. Saroj W/o Govind Mukkawar Vs. Smt. Chandrakalabai Polshetwar and The State of Maharashtra 

132. Citations on search warrant under sec 97 Cr.p.c......Sec 97 of Cr.p.c. 

133. Wife entitled for permanent alimony even if a decree declaring her marriage as null and void has been passed u/sec 11 of HMA.....Wife entitled for permanent alimony even if a decree declaring her marriage as null and void has been passed u/sec 11 of HMA.... 

134.Maintenance Petition U/s 125 CrPC Filed By Wife, Who Was Granted Permanent Alimony U/s 25 Hindu Marriage Act, Cannot Be Entertained: SC.....Maintenance u/sec 125 cr.p.c. not maintainable after wife has been awarded permanent alimony 

135. The bar, if any, under Section 15 of the Hindu Marriage Act applies only if there is an appeal filed within the period of limitation, and not afterwards upon condonation of delay in filing an appeal unless of course, the decree of divorce is stayed or there is an interim order of Court, restraining the parties or any of them from remarrying during the pendency of the appeal ......Krishnaveni Rai vs Pankaj Rai on 19 February, 2020 

136. Mutual consent divorce decree is appealable if the consent itself is disputed.....Decree of divorce by mutual consent is appealable where the consent itself is disputed 

137. Dismissal of the earlier M.C. u/sec 125 Cr.p.c. on the evidence of payment of maintenance allowance at that time could not bar a subsequent claim on change of circumstances which would give rise to a fresh cause of action .....Saneera Vs ABDURAHIMAN, 

138. While sentencing a defaulter u/sec 125(3) Cr.p.c..... petition for bail not maintainable .........S.T.Prabhakar vs The Secretary To Government on 19 November, 2010 

139. Supreme Court: Marriage performed during pendency of appeal is not void if appeal is filed after expiry of period of limitation.......Krishnaveni Rai Vs  Pankaj Rai   Indira Banerjee, J. Dated:FEBRUARY 19, 2020 

140. When petition for annulment of marriage by husband is not maintainable?.........Decided On: 11.09.2019   Sudarshan Vs.  Pallavi 

141. Whether court should give divorce on ground that wife had filed criminal case against husband if he has not taken that plea in his divorce petition?......Mangayakarasi  Vs  M. Yuvaraj   Dated:March 03, 2020 

142. the power of the Magistrate to impose imprisonment U/SEC 125 (3) CR.P.C. IS limited to one month or until the payment, if sooner made.........Shahada Khatoon And Ors. vs Amjad Ali And Ors. on 7 April, 1999 

143. Wife's refusal to give up job and join husband- Whether amounts to desertion.........Kailash Wati  v. Ajodhia Parkash 1971 CLJ 109 (P & H)  

144. Whether there can be divorce between husband and wife by divorce deed?.......Sudarshan  Vs.   Pallavi 

145. Sec. 13 of Family Courts Act challenged before the OHC......adhana Patra vs Subrat Pradhan on 10 March, 2006 

146.  the court held that if a husband and wife are gainfully employed and the wife is earning more than the husband, then there are sufficient reasons for the wife to live separately .........Swaraj Garg vs K.M. Garg on 7 March, 1978 

147.Court should not deny maintenance to the wife if she is earning some income.......Mr.Sanjay Damodar Kale Vs  Ms.Kalyani Sanjay Kale 

148. Whether court can revive application for maintenance U/S 125 of CRPC disposed of due to compromise between the parties?.........Sanjeev Kapoor  Vs.  Chandana Kapoor and Ors 

149. Supreme Court: Marriage during pendency of Appeal against Divorce Decree not Void, if Appeal filed beyond time.......Krishnaveni Rai  Vs.  Pankaj Rai and Ors 

150. Whether Mother in law asking daughter in law to do household/domestic work amounts to cruelty?............RANJITH.P.C. Vs   ASHA NAIR.P 

151. Whether family court can permit filing of affidavit of examination in chief in proceeding U/S 125 of CRPC?........Ajay Gupta Vs.  Sonia Gupta 

152. Covid-19 guidelines: Family courts cannot insist on personal presence of petitioner , if advocate acts as authorized agent...COVID-19 crisis. 

153. Family Court can entertain Adoption cases under JJ Act........The Tibetan Childrens Village ... vs Karma Lama & Anr. on 26 August, 2015 

154. Whether the court should give divorce on the ground of adultery if the husband alleges that the wife has committed adultery before Marriage?......VISHAL SINGH  Vs  PRIYA @ PIHU 

155. Whether father can claim custody of illegitimate child?......Dharmesh Vasantrai Shah  Vs.  Renuka Prakash Tiwari  

156. Maintenance; meaning of "unable to maintain herself" u/s.125 Cr.P.C.....Chaturbhuja Vs Sita Bai 

157.Can Family Court Entertain Maintenance Petition Under Muslim Women (Protection of Rights on Divorce) Act? Question referred to higher bench of Supreme Court......RANA NAHID @ RESHMA @ SANA Vs SAHIDUL HAQ CHISTI  R. BANUMATHI, J Dated:18TH JUNE, 2020 

158. Second wife not entitled for maintenance........Khem chand om prakash sharma vs state of Gujarat and ors 

159. Whether family court has jurisdiction to try suit filed by mother in law against daughter in law?......Meena Kapoor  Vs.  Ayushi Rawal and Ors 

160. Both Parties Educated & Thus, Presumed To Know Their Best Interests: P & H HC Orders Waiver Of 6 Month Cooling-Off Period.........Sangeeta Singh  .....Petitioner No.1  Versus Pardeep  ......Petitioner No.2 

161. Objection raised by husband that the petition under section 24 seeking interim maintenance not maintainable as the marriage has already been declared a nullity – Whether legally acceptable? – Held, No, the petition seeking interim maintenance maintainable. ...Bipasha @ Bipasa -V- Amitava Basu 2020 (I) ILR-Cut…… 488 

162. Major unmarried daughter not suffering from any physical or mental abnormality is not entitled for maintenance u/sec 125 Cr.p.c from her father............supreme court judgment.

163.UNMARRIED, MAJOR DAUGHTER CAN CLAIM maintenance FROM FATHER: HINDU ADOPTIONS AND MAINTENANCE ACT SECTION 20(3)......Apex Court bench 

164.In cases u/sec 13-B of HMA, 2nd motion for mutual divorce can be made even after 18 month  "We are of the view that the eighteen month period was specified only to ensure quick disposal of cases of divorce by mutual consent, and not to specify the time period for withdrawal of consent, as canvassed by the appellant".......Hitesh Bhatnagar vs Deepa Bhatnagar on 18 April, 2011 

165. Whether the court can direct wife to undergo DNA test in Divorce proceeding on the ground of adultery?......Smt. Neelam Vs Ram Asrey 

166. Points to be proved for annulment of marriage on the ground that the wife was pregnant by thirdparty else at the time of marriage......Mahendra Manilal Nanavati vs Sushila Mahendra Nanavati on 18 March, 1964 

166.  Husband is not absolved from his liability to pay the monthly allowance by reason of his undergoing a sentence of jail and the amount is still recoverable notwithstanding the fact that the husband who is liable to pay he monthly allowance has undergone a sentence of jail for failure to pay the same. Smt. Kuldip Kaur vs Surinder Singh And Anr on 3 November, 1988 

167. Under Sub-section (3) of Section 125 of the Cr.P.C. the Magistrate can only sentence for a maximum period of one month or until payment, if sooner made ....Shahada Khatoon And Ors. vs Amjad Ali And Ors. on 7 April, 1999 .

168. In appropriate cases, Family Court can restore a petition u/sec. 125 Cr.p.c. dismissed for .....Smt. Aruna Kar vs Dr. Sarat Dash @ Nachhi on 28 August, 1992 

169.  A deed of adoption as distingusied from authority to adoption does not require registration.............. Mst.Param Pal Singh Tr.Father vs M/S National Insurance Co.& Anr. on 14 December, 2012 

170. FAMILY COURT DOES NOT HAVE PLENARY POWERS TO DO AWAY WITH MANDATORY PROCEDURAL REQUIREMENTS: SC..........AMAN LOHIA ...APPELLANT  Versus  KIRAN LOHIA ...RESPONDENT 

171. Second motion for mutual divorce can be made even after 18 months......Ritu Preti Kapoor vs Vineet Perti on 22 July, 2011

172. Divorced wife, on the ground of desertion, entitled for maintenance:Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000 

173. The Court held that a daughter who has attained majority and is unmarried is not entitled to claim maintenance from her father u/s 125 CrPC if she is not suffering from any mental or physical abnormality. However, she can claim maintenance u/s 20(3) of the Hindu Adoptions and Maintenance Act if she can prove that she is unable to maintain herself. ........Abhilasha vs Parkash on 15 September, 2020 

174. Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court ..........Smriti Madan Kansagra vs Perry Kansagra on 7 October, 2021 

175. For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13B (2) of the Hindu Marriage Act, the Court would consider the following amongst other factors: ­ ...............Amit Kumar  ……Appellant  Versus Suman Beniwal          ….Respondent  

176. Composite civil imprisonment u/sec. 125(3) Cr.p.c. for more than one month can not be imposed at a single stroke .........Balraj Vs Priya and others 

177. This is a clear case of irretrievable breakdown of marriage. In our considered view, it is impossible to preserve or save the marriage. Any further effort to keep it alive would prove to be totally counter- productive .......Samar Ghosh vs Jaya Ghosh on 26 March, 2007 

178. without the marital status being  affected or  disrupted  by  the matrimonial  court  under  the  Hindu Marriage  Act the claim (of permanent alimony was not to  be valid  as  ancilliary......Smt. Chand Dhawan vs Jawaharlal Dhawan on 11 June, 1993 

179. Sts who have been practicing Hinduism since long would come under the purview of HMA.........Sh. Mohan Lal Meena vs Smt. Sheela Meena on 7 September, 2018 

180. If the husband does not disclose the exact amount of his income, an adverse inference may be drawn by the Court. .........Arpana Vijay Manore vs Vijay Tukaram Manore on 9 December, 2020 

181.Whether court can take into consideration the acts of wife after filing of the divorce petition to show a pattern in her behaviour and conduct..............A. Jayachandra vs Aneel Kaur on 2 December, 2004 

182.No court can assume jurisdiction to dissolve a Hindu marriage simply on the basis of the consent of the parties de hors the grounds enumerated under section 13 of the Act, unless of course the consenting parties proceed under section 13B of the Act. .................Sanjeeta Das vs Tapan Kumar Moahnty on 22 September, 2010 

183.Supreme Court can, in exercise of its extraordinary powers under Article 142 of the Constitution, convert a proceeding under Section 13 of the Hindu Marriage Act, 1955, into one under Section 13-B and pass a decree for mutual divorce, without waiting for the statutory period of six months, none of the other Courts can exercise such powers ..........Anil Kumar Jain vs Maya Jain on 1 September, 2009 

184.as reflected from Section 10(3), the Family Court is given the power to lay down its own procedure with a view to arrive at O.P.(F.C).No.290/2020 -:8:- settlement, or to enquire into the truth of the facts alleged ..............Nisha haneefa vs Abdul Latheef 

185. Family Court does not have the plenary power to  override mandatory procedural requirement in the pretext of sec. 10(3) ..........Aman Lohia vs Kiran Lohia on 17 March, 2021 

186. the arrears of maintenance due up to the date of the death of the husband are recoverable from his estate in whichever hands it is found to be ...Prithviraj Singh vs Smt. Pavanvir Kaur on 17 December, 1985 ..

187. S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

188. Calling husband impotent in presence of relatives is mental cruelty....Karnataka HC

189. The law mandates that in order to extract the provision under Section 125(4) of the Cr.P.C. the husband has to establish with definite evidence that the wife has been living in adultery, and one or occasion acts of adultery committed in isolation would not amount to „living in adultery‟ ..Sh Pradeep Kumar Sharma vs Smt Deepika Sharma on 13 April, 2022 

190. A child has a right to access both parents, and get the love and affection of both of them, remarked the Supreme Court recently. .....HIMANSHU CHORDIA Petitioner(s)  VERSUS ARUSHI JAIN Respondent(s) 

191. True it is that the exact date of marriage was not mentioned in the divorce application but for that reason alone, the divorce application could not have been thrown out .............Smt. Rekha Kumari W/o Hemendra Choudhary @ Hemraj, D/o Tikamchand, Aged About 32 Years, R/o Dodwadiya Ka Kheda, Taswariya. Presently Residing At Shivpura, Tehsil Hurda, Distt. Bhilwara. Versus Hemendra Choudhary @ Hemraj 

192. Whether judgment passed by civil court will be nullity if family court is working in that area?...........Ravindra Sukhdev Ghadge vs Swati Ravindra Ghadge Swati ... on 2 November, 2018 

193. S. 125 (3) CrPC- Composite civil imprisonment for more than a month can't be imposed in single stroke ..........Bal Raj vs Priya and others 

194. a minor, is not bound by that settlement, and he is entitled to claim maintenance for himself for his upbringing from the respondent i.e., his father ........MAT.APP.(F.C.) 14/2021 

195. Whether widowed daughter in law is entitled to get maintenance from father in law if there is no coparcenary property?...........................Venubai Wd/O Wasudeo Rambhad ... vs Laxman Lahanuji Rambhad (Since ... on 18 January, 2008 

196. A spouse who suffered dismissal of original petition for dissolution of marriage on the ground of cruelty, desertion and adultery is not precluded from suing again for dissolution on the same grounds, provided the relief is founded on new facts.  ......Sunil Kumar vs Prasobha devi 

197. The principles in relation to the custody of a minor child are well settled. In determining the question as to who should be given custody of a minor child, the paramount consideration is the `welfare of the child' and not rights of the parents under a statute for the time being in force. ...............Nil Ratan Kundu & Anr vs Abhijit Kundu on 8 August, 2008 

198.When property dispute between mother-in-law and daughter-in-law will come within jurisdiction of family court?.........Against The Order Dated ... vs Janaki Amma .

199. Even a revision against an interlocutory order is barred under Sub- section (4) of Section 19 of the Act. ...........Vishal Kochar Son Of Shri Harish ... vs Smt. Pulkit Sahni Wife Of Shri ... on 22 April, 2022 

200. there is nothing wrong in the Family Court entertaining an application for divorce even though it is filed through power of attorney holder.  ............Mohanan vs Ajitha on 19 March, 2019 

201. Whether the family court has jurisdiction to entertain a suit between mother-in-law and daughter-in-law?........AVNEET KAUR  Vs SADHU SINGH & ANR . 

202. Whether court can take into account the the acts of wife after filing of the divorce petition to show a pattern in her behaviour and conduct............Jayachandra vs Aneel Kaur 

203. Requirement of living separately for minimum one year for mutual divorce u/sec 13B HMA can not be waived.........Vishal Kushwaha vs Mrs. Raghini Kushwaha on 28 March, 2022 

204. Pre-adoption foster care in case of inter country adoption is not mandatory but directory............Nissan vs  xxx 

205.Whether a wife, who has been divorced by husband, on ground that wife has deserted him, is entitled to claim maintenance u/s 125 - Held , Yes .................Dr. Swapan Kumar Banerjee vs The State Of West Bengal on 19 September, 2019 

206. Adjournments- not to be given in a routine manner by Family Court....Bhuwan Mohan singh V Meena and others

207. provision in Section 14(1) prohibiting presentation of petition before the prescribed period cannot be held to be that mandatory  ........Indumathi vs Krishnamurthy on 20 July, 1998 

208.In case, there is a dispute on the matrimonial status of any person, a declaration in that regard has to be sought only before the Family Court. It makes no difference as to whether it is an affirmative relief or a negative relief. ....................Balram Yadav vs Fulmaniya Yadav on 27 April, 2016 

209. Can default sentence for one month be passed for every continuous breach by the husband .....No......Shahada Khatoon And Ors. vs Amjad Ali And Ors. on 7 April, 1999 

210. Can permanent alimony be granted to a party even if not agitated both in contested/uncontested case..

Yes. ...........Smt. Chand Dhawan vs Jawaharlal Dhawan on 11 June, 1993 

211. Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court........Priyanka vs Santoshkumar 

212.Although Family Courts are not bound by sophisticated rules of evidence act regarding admissibility of evidence, the hearsay which is inherently inadmissible cannot be therefore acknowledged as an evidence in any proceeding before a Family Court also............Pramod E.K vs Louna V.C on 14 January, 2019 

213. Minor children of widowed daughter in law are entitled for maintenance from in laws under HAMA...........Hariram Hans V Smt. Deepali and ors 

214. A 3rd party's privacy cannot be permitted to be violated on the plea that husband wants to prove wife's illicit relation............Vishwas Shetty v. Preethi K. Rao 

215.Whether family court can permit dissolution of Muslim marriage by mutual consent?......Shaikh Taslim Shaikh Hakim  Vs.  The State of Maharashtra and Ors 

216. whether the court should drawan adverse inference if the husband fails to disclose his earnings as per Rajnesh case.........Arpana Vijay Manore Vs Dr. Vijay Tukaram Manore 

217.whether the court can enhance permanent alimony if the court fixed it with the consent of parties.............Beasa Devi Vs  Sh. Shiv Dayal  

218.whether the wife gainfully employed and earning equivalent to her husband can claim mainteancne  u/sec 24 of HMA..........Nisha Jain vs Amit Jain on 24 August, 2016 

219. Family Court has no jurisdiction to try cases for guardianship of the property of the minor........K.S.Narayana vs sandhya 

220.  The lawyer advising the Respondent was under the mistaken belief that the period of limitation was 90 days as prescribed under the Special enactment......Arunodays singh vs Lee anne alton  SC...23.7.2021.

221. Independent application u/sec. 27 of HMA, without any previous suit under HMA, is not maintainable.........Lalita Devi  Vs.  Laxminarayan 

222. However, as rightly held by the Family Court and the High Court, the declaratory relief as regards the illegitimacy of the child cannot be granted.....It can be done so whjile deciding the Guaardianship petition...........Renubala Moharana & Anr vs Mina Mohanty & Ors on 23 March, 2004 

223. Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC.... Ganesh Vs Sudhirkumar

224. When Case is closed for Judgment, Said Case Should not be opened if application is Given By other side ........Arjuna singh case......

225. Regarding mode of deposit of amount paid by the Op in maintenance/ alimony.........Pranati Mishra Vs Chandra Sekhar Tripathy

226. S.24 Hindu Marriage Act | Interim Maintenance Order Is Interlocutory In Nature, Can Only Be Reviewed Not Appealed: Madras High Court .....S.. Menaka vs KSK Napoleaon 

227. Marriage Between Hindus Cannot Be Dissolved By Compromise In Proceedings U/S 125 CrPC: Allahabad High Court........Justice A.K.Mishra &

228. Woman Can't Seek Maintenance From Second Husband U/S 125 CrPC If Her First Marriage Survives: Madhya Pradesh High Court............Justice Prem Narayan Singh


229. Family Court Not Strictly Bound By Procedure Laid Down In CPC, Evidence Act; May Lay Down Own Procedure If Required: Telangana High Court.......Justice T. Vinod Kumar


230.  Asian resurfacing case overruled.SC...CRL.APPEAL 3589 of 2023.


231. Interim maintenance order not appealable..Madras High Court


232. under Order 5 Rule 20, it was not necessary to affix a copy of the summons at the Court house and at the house where the defendant is known to have last resided, once the Court had directed service by publication in the newspaper really begs the question ..................Dr. Madhav Vishwanath Dawalbhakta ... vs M/S. Bendale Brothers on 7 August, 2018 Author: Mridula Bhatkar 


233. Final Or Interim Maintenance Order U/S 125 CrPC Can Be Recalled Or Altered U/S 127 CrPC; Bar U/S 362 CrPC Not Applicable: Allahabad HC ......Rajkumar v. State of U.P. (Neutral Citation: 2024:AHC:87205)


234. Counter Claim By Husband Will Proceed Even If Wife Withdraws Divorce Petition: Must Be Dealt With Independently: Allahabad HC..........Ishita Dua v. Tarun Kumar Sharma (Neutral Citation: 2024:AHC:79757-DB)



235. Hindu marriage invalid without important rituals although registered.....Dolly Rani v. Manish Kumar Chanchal  supreme court....TRANSFER PETITION (C) NO(S). 2043/2023 


236. Separate application not necesary for grant of permanent alimony/maintenance.......RSA No.73 of 2018 OHC, DOD 12.3.2024 (Prasanta Devi Padhy vs Asish Kumar Padhi)


237. if it is being claimed that the marriage is void, legal representative can be impleaded  .............Shatakshi Mishra vs Deepak Mahendra Pandey (Deceased) And 2 ... on 8 May, 2024

238. Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: .............Karnataka high court

239. Adulterer need not be heard by court while deciding divorce petition: Delhi High Court.............Delhi High Court

240. Maintenance from the date of petition has to be ordered when husband is capable to pay but neglects.... A.P.High Court


241. Supreme court to examine whether alimony can be granted when marriage is declared void.....Justice Vikrama nath and 

242. Ordinary residence of child for the purpose of S 9 of Guardian and wards Act is mixed question of law and fact and it can not be decided in application for rejection of plaint....Dheeraj Vs. Chetna Goswami 

243. Salary of O.P. can be attached (When it becomes due) in an execution proceeding under section 125(3) of the Cr.P.C........Surekha Mrudangia vs Ramahari Mrudangia on 7 August, 1989