OTHERS
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...
'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...
Dismissal Of Divorce Petition Does Not Bar Second Plea For Divorce On Different Grounds: Allahabad High Court
The Allahabad High Court has held that dismissal of a divorce petition on one ground does not bar a second divorce petition under Section 13 of the Hindu Marriage Act, 1955 on any other ground between the same parties.Justice Manish Kumar Nigam held“Decision of a petition under Section 13 of the Hindu Marriage Act, 1955 on one ground will not operate as res judicata for filing divorce...
Declaration Of Marital-Status Strikes At Core Of Society, Can Be Done Only By Competent Court: Allahabad High Court
Recently, the Allahabad High Court observed that the declaration of marital-status strikes at the very core of society and can only be made by competent Court under Section 11 of the Hindu Marriage Act, 1955.The bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi observed,“It goes without saying that the declaration of the parties' marital-status, strikes at the very...
Supreme Court Modifies Guidelines On Compounding Of Cheque Dishonour Cases
The Supreme Court has recently modified the guidelines on compounding dishonour of cheque Cases issued in Damodar S.Prabhu vs Sayed Babalal H.The Supreme Court bench comprising Justice Manmohan and Justice NV Anjaria in Sanjabij Tari Vs Kishore S Borkar and another 2025 LiveLaw (SC) 952, observed that since a very large number of cheque bouncing cases are still pending and interest rates...
Separate Pleas By Husband, Wife Can't Be Converted To Petition For Divorce By 'Mutual Consent': Delhi High Court
The Delhi High Court has ruled that separate petitions by husband and wife seeking dissolution of their marriage cannot be converted to a petition for “mutual consent” divorce under Section 13B of Hindu Marriage Act. “The mere fact that both spouses have, independently and separately, sought dissolution of the marriage does not convert their respective petitions into a petition...