Mamta Jaiswal v…

Mamta Jaiswal v. Rajesh Jaiswal – Wife who leaves job not entitled to maintenance   Madhya Pradesh High Court Smt. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 Equivalent … Continue reading Mamta Jaiswal v…

Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non

In a suit filed against Reciever appointed by court sanction u/s 80 CPC is required – however if leave nto taken before instituion is taken afterwards (leave to continue with … Continue reading Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non

Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

The Division Bench in the case of Rita Nijhawan vs. Balkrishan Nijhawan in AIR 1973 Delhi 200 at 209 observed as follows: “Marriage without sex is an anathema. Sex is … Continue reading Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Comment :  The legal concept of cruelty in matrimonial offences is not confined to positive acts of causing physical injury by ‘one spouse to another. Without there being a physical … Continue reading Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Marriage without sex is anathema…Court considers Impotency/or Refusal as Mental Cruelty of highest order

Comment :  The legal concept of cruelty in matrimonial offences is not confined to positive acts of causing physical injury by ‘one spouse to another. Without there being a physical … Continue reading Marriage without sex is anathema…Court considers Impotency/or Refusal as Mental Cruelty of highest order

Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt.

Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt.  Delhi High Court Avneesh Sood vs Tithi Sood on 30 April, 2012 * … Continue reading Violating undertaking given in Mutual Consent Agreement in First Motion and then backtracking amounts to civil contempt.

Supreme Court on whether partition deeds are compulsory registrable ?

Comment : This case holds that partition – is a declaration of will as regards property – which effects a change in legal relation with property – hence is compulosrily registrable … Continue reading Supreme Court on whether partition deeds are compulsory registrable ?

Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.

Supreme Court of India State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd on 6 July, 2006 Author: S Sinha Bench: S Sinha, P Balasubramanyan CASE NO.: … Continue reading Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.

Can a Husband of a minor girl claim custody ?

Comment : In this case – the court was faced with the perplexing question as to whether a person who is accused of kidnapping a minor girl and marrying her rendering … Continue reading Can a Husband of a minor girl claim custody ?

Supreme Court on Customary Divorce….

Comment : In this case the court was faced with facts wherein the deceased husband’s relatives sought to oust the widow from claiming partition – by relying on the specious plea … Continue reading Supreme Court on Customary Divorce….