Concealing Age, Murder Conviction Before Marriage Amounts To Mental Cruelty: Jharkhand High Court

The Jharkhand High Court has held that a person concealing material facts such as their age and conviction for life imprisonment in a murder case before solemnisation of marriage amounts to mental cruelty under the Hindu Marriage Act, warranting dissolution of marriage. The Court observed that such concealment, in this case by the wife, breaks the thread of trust between spouses, causing...

Hindu Marriage Cannot Be Declared Void At In-Laws' Instance After Husband's Demise Due To Bride Being Underage: Allahabad High Court

The Allahabad High Court has held that a Hindu marriage under the Hindu Marriage Act, 1955 cannot be declared void at the behest of in-laws at a belated stage raising claim of her being underage at the time of solemnization of the marriage. Sub-clause (iii) of Section 5 of the Hindu Marriage Act, 1955 provides that a bridegroom should be of 21 years of age and the bride should be of 18 years...

Renewal Of Driving Licence After A Gap Will Not Operate Back From Date Of Its Expiry : Supreme Court

Driving is not merely a qualification on paper but also involves hands-on experience coupled with regular practice, the Court said.

One Year Separation Period For Presenting First Motion For Divorce By Mutual Consent Not Mandatory: Delhi High Court

The Delhi High Court has ruled that the one year separation period required as a pre-requisite for presenting the first motion for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act is not mandatory and can be waived.A full bench comprising Justice Navin Chawla, Justice Anup Jairam Bhambhani and Justice Renu Bhatnagar said that the period can be waived by applying...

Arya Samaj Certificate Alone Not Proof Of Valid Marriage: Madhya Pradesh High Court Holds Union Void For Lack Of Saptapadi

The Madhya Pradesh High Court has set aside a Family Court order declaring a woman as the legally wedded wife of a man, noting that the marriage cannot be recognised under the Hindu Marriage Act if essential ceremonies including sacred fire, pheras or saptpadi, were not performed. In doing so, the division bench of Justice Anand Pathak and Justice Hirdesh observed that the Family Court erred...

Desertion Requires Intention To Abandon Marital Relationship Permanently: MP High Court Upholds Denial Of Divorce To Husband

The Madhya Pradesh High Court, in an appeal filed by a husband challenging the Family Court's dismissal of his divorce petition on grounds of cruelty and desertion, has observed that for the ground of desertion to apply, the intention to permanently abandon the marital relationship must be established. The division bench of Justice Vishal Dhagat and Justice BP Sharma observed; "The...

Supreme Court Urges Hindu Women To Make Wills; Mandates Pre-Litigation Mediation In Succession Of Childless Wives Dying Intestate

The Supreme Court on Wednesday urged all women, especially Hindu women who may leave behind property after their death, to make a will to ensure that their property is distributed according to their wishes and to avoid future litigation between their parents and in-laws.“we appeal to all women and particularly all Hindu women irrespective of their age who are likely to be in position of...

Conversion Can Be Inferred From Conduct, Formal Ceremony Not Necessary: Madras High Court Restores Muslim-Born Woman's Divorce Plea Under HMA

The Madras High Court recently observed that when the parties have solemnised marriage in a Hindu temple as per the Hindu rites, the mutual divorce petition filed under the Hindu Marriage Act would be maintainable even though one of the parties had not converted to the Hindu religion. “As already held the second petitioner, though by birth is a Muslim, by conduct, has...

MV Act | Private Bus Operators Cannot Ply On Inter-State Routes Overlapping With Notified State Transport Routes: Supreme Court

Inter-state agreeement is not "law" and cannot override the statutory scheme under the Motor Vehicles act.

'Second Plea For Divorce Under HMA Has To Be Transferred To Court Where First Petition Was Filed': Bombay High Court

The Bombay High Court has held that when two petitions for divorce or judicial separation between the same parties are filed in different courts, the second petition must be transferred to the court where the first petition was filed, in accordance with Section 21-A of the Hindu Marriage Act, 1955.Justice Rajesh S. Patil was hearing two transfer applications filed by husband and wife. The...

Daughter Not Entitled To Inherit Property Of Mitakshara Hindu Father Who Died Before 1956 If Son Is Alive: Chhattisgarh High Court

The Chhattisgarh High Court has held that as per the Mitakshara school of law, a daughter is not entitled to inherit the properties of her deceased Hindu father, who died prior to the year 1956 i.e. year of enactment of Hindu Succession Act, if son is alive.A Single Bench of Justice Narendra Kumar Vyas also clarified that a daughter can claim her right over such property in absence of son. In...

Marriage Not Solemnized Under Section 7 Of Hindu Marriage Act Can't Be Declared Invalid: Delhi High Court

The Delhi High Court has ruled that a marriage between two individuals cannot be declared as invalid on the ground that it was never solemnized as per Section 7 of the Hindu Marriage Act.A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said:“It is evident to us that the HMA contains no provision that enables a party to seek a declaration that...