Family Law: All India Half Yearly Digest 2023

SUPREME COURTCriminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is PendingCase Title: X vs State of Uttar Pradesh Case Citation: 2023 LiveLaw (SC) 26The Supreme Court bench comprising of Justices M R Shah and C T Ravikumar observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.'Woman Not A Chattel, Has Identity Of Her Own; Marriage Won't Take Away Her Identity' : Supreme Court Strikes Down Income Tax ProvisionCase Title: Association of Old Settlers of Sikkim vs Union of India Case Citation: 2023 LiveLaw (SC) 28The Supreme Court bench comprising of Justices M R Shah and B V Nagarathna held that excluding Sikkimese woman merely because she marries a non-Sikkimese after 01.04.2008 from exemption provision under Section 10(26AAA) Income Tax Act is is totally discriminatory and thus unconstitutional.Child Adopted By Widow After Death Of Govt. Employee Not Entitled To Family PensionCase Title: Shri Ram Shridhar Chimurkar vs Union of India Case Citation: 2023 LiveLaw (SC) 40The Supreme Court bench comprising of Justices K M Joseph and B V Nagarathna held that a son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, cannot be included within the definition of ‘family’ under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 to claim family pension.When A Person Has Relinquished Rights In Father's Self Acquired Property, His Sons Are Estopped From Claiming Share Case Title: Elumalai @Venkatesan And Anr. v. M. Kamala And Ors. And Etc. Case Citation: 2023 LiveLaw (SC) 65The Supreme Court held that the effect of estoppel from laying a claim on property cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy observed that when a son relinquishes their right to the self-acquired property of the father; and the conduct is accompanied by receipt of a consideration the principle of estoppel will apply qua the son and his successors.Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years ImprisonmentCase Title: Naim Ahamed vs State (NCT of Delhi) | CrA 257 OF 2023 | 30 Jan 2023Case Citation: 2023 LiveLaw (SC) 66The Supreme Court bench comprising of Justices Ajay Rastogi and Bela M. Trivedi observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.Criminal Proceedings Inter-Se Parties Can Be Quashed If They Have Genuinely Settled Matrimonial DisputesCase Title: Rangappa Javoor vs State Of Karnataka Case Citation: 2023 LiveLaw (SC) 74The Supreme Court bench comprising of Justices Sanjiv Khanna and M M Sundresh observed that criminal proceedings inter-se parties in cases of offences relating to matrimonial disputes can be quashed if the Court is satisfied that the parties have genuinely settled the disputes amicably.Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & VoidCase Title: P Sivakumar vs State Case Citation: 2023 LiveLaw (SC) 116The Supreme Court bench comprising of Justices B R Gavai and Vikram Nath observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right : Supreme Court On Power To Order 'DNA Test'Case Title: Aparna Ajinkya Firodia vs Ajinkya Arun FirodiaCase Citation: 2023 LiveLaw (SC) 122The Supreme Court bench comprising of Justices V Ramasubramanian and B V Nagarathna observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act Case Title: Bhawna Versus Bhay Ram And Others Case Citation : 2023 LiveLaw (SC) 148The Supreme Court bench comprising of Justices V Ramasubramanian and Pankaj Mithal set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness."It Is Not As If This Court Approved Of Adultery" : Supreme Court Clarifies 'Joseph Shine' Judgment That Declared Section 497 IPC UnconstitutionalCase Title: Joseph Shine vs Union of India Case Citation: 2023 LiveLaw (SC) 117It is not as if this Court approved of adultery, the Supreme Court observed in its order clarifying that its 2018 judgment striking down Section 497 IPC [Joseph Shine v. Union of India (2019) 3 SCC 39 ] will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct. A bench comprising of Justices KM Joseph, Ajay Rastogi, Aniruddha...

Family Law: All India Half Yearly Digest 2023

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