Tag: hindu marriage act 1955

  • 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 citations: II (2000) DMC 170 Author: J Chitre Bench: J Chitre ORDER    J.G. Chitre, J.    1. The petitioner Mamta Jaiswal has acquired qualification […]

  • Reema Aggarwal v. Anupam – Supreme Court on ‘wife’

    Comment : In a nutshell – the court was faced with the preposition whether ‘wife’ in S.498A means only a legally wedded wife ? Does it include a woman who has been living with a man for many years – husband potraying her as wife and society taking them to be so ? Does it fall […]

  • 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 himself liable under various sections of IPC/Prohibition of Child Marriage Act, 2006 – whose marriage is indubitably voidable – can be held to be ‘husband’ […]

  • 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 that the widow stood divorced via customary divorce letter, the court held that though S.29(2) HMA expressly saves customary mode of divorce from the effect […]

  • Supreme Court on DNA Testing…

    COMMENT :  In this decision the court was once again faced with the baffling preposition as to whether DNA tests should be allowed to ascertain the paternity of a child ?, In what cases ? What about S.112 evidence Act, which in a nutshell says any child born during a marriage or 280 days after […]