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…

Hindu Marriage Act – What ? How ?

      The Hindu Marriage Act, 1955   An Act to amend and codify the law relating to marriage among Hindus. BE it enacted by Parliament in the Sixth … Continue reading Hindu Marriage Act – What ? How ?

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

Kerala High Court on DNA Testing and marriage with a pregnant woman voidable.

In this refreshing judgment on S.112, the court held that in a case where a person seeks to avoid marriage on ground of marrying a woman enciente (i.e pregnant at … Continue reading Kerala High Court on DNA Testing and marriage with a pregnant woman voidable.

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 … Continue reading Reema Aggarwal v. Anupam – Supreme Court on ‘wife’

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….

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 … Continue reading Supreme Court on DNA Testing…