Supreme Court
'Rare Settlement' : Supreme Court On Wife Agreeing To Divorce Without Monetary Claims, Appreciates Return Of Gifts From Husband's Side
While dissolving an estranged marriage on mutual consent, the Supreme Court on Thursday appreciated the woman for returning the gold bangles gifted to her by the husband's mother at the time of the marriage. The Court also observed that this was a "rare settlement", as no monetary claim was raised by the wife.A bench comprising Justice JB Pardiwala and Justice KV Viswanathan was hearing...
Parent's Work-From-Home Status Alone Cannot Determine Child Custody : Supreme Court
The Supreme Court observed that merely because a parent is working from home would not entitle him/her a custody of a child. The Court stressed that a parent can't always be available with the child, and has to go out to earn a livelihood, which shouldn't deprive the parent to avail the custody of a child. “We, therefore, do not subscribe to the view that if one parent is working from home...
Mohammedan Law | Muslim Widow With No Child Entitled To 1/4th Share In Deceased Husband's Estate : Supreme Court
The Supreme Court affirmed the Bombay High Court's decision that had denied a Muslim widow a 3/4th share in her late husband's estate. The Court said that the widow, a Muslim wife having no child, is entitled to receive only 1/4th share.Further, the Court clarified that a mere agreement to sell executed by the deceased's brother could not defeat the widow's inheritance rights, since such...
Maintenance & Welfare Of Senior Citizens Act | Age To Be Determined Based On Date Of Application : Supreme Court
The Supreme Court has clarified that the relevant date to determine whether a person qualifies as a “senior citizen” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is the date of filing of the application before the Maintenance Tribunal, not the date of adjudication.A Bench of Justices Vikram Nath and Sandeep Mehta held so while allowing the appeal of...
Child Can Be Evicted From Senior Citizen Parent's Property If There's Breach Of Obligation To Maintain Parents : Supreme Court
The Supreme Court reiterated that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has the power to order the eviction of a child from the property of the senior citizen, if there is a breach of obligation to maintain the senior citizen.A Bench of Justices Vikram Nath and Sandeep Mehta allowed the appeal filed by 80-year-old man and his 78-year-old wife,...
Supreme Court Orders Husband To Pay Rs. 1.25 Crores Permanent Alimony To Wife While Dissolving Marriage
The Supreme Court has directed a husband to pay ₹1.25 crore as permanent alimony to his wife while dissolving the marriage on the ground of irretrievable breakdown under Article 142 of the Constitution.The bench comprising Justices Vikram Nath and Sandeep Mehta heard the appeal arising out of a Madras High Court's order which set aside the divorce decree granted in favour of the husband by...
Supreme Court Sets Aside Bail Condition Requiring Husband To Resume Conjugal Life With Wife & Maintain Her With Dignity
The Supreme Court recently set aside the Jharkhand High Court's decision to impose a pre-arrest bail condition that the accused shall resume conjugal rights with his wife and maintain her with dignity and honour as his lawful wife. The bench comprising Justices Dipankar Datta and AG Masih called out the imposition of such a condition not traceable to Section 438 (2) Cr.P.C. “The...
Supreme Court Reviews Order Granting Custody To Father After Child Developed Stress Due To Separation From Mother
The Supreme Court set aside its previous order affirming a Kerala High Court judgment granting permanent custody of a minor child to his biological father. Allowing the mother's review petition, a bench of Justice Vikram Nath and Justice Prasanna B. Varale restored custody to the mother, citing serious concerns over the child's psychological health following the earlier custody decision.The...
Divorced Wife Remaining Unmarried Entitled To Maintenance Reflective Of Standard Of Life She Had During Marriage: Supreme Court
The Supreme Court, in a recent ruling has enhanced the permanent alimony payable to the wife to ₹50,000 per month, nearly doubling the amount previously awarded by the Calcutta High Court, to ensure that she can live with the standard of living she enjoyed during the marriage and which reasonably secures her future.The Court observed that the appellant-wife, who has remained unmarried and...