Family and Personal laws

Although Hindu Adoptions and Maintenance Act entitles widow of a government servant to adopt a son/daughter, but rights and entitlements of such adopted son/daughter as available under Hindu Law against his/her adoptive family, would not be available as against deceased government servant, under the 1972 Rules. Held, The entitlement of such a posthumous child is […]

Her claim of equal share with male coparceners in joint family property may be supportable in equity but cannot be sustained under S. 2(2) of the HSA, 1956 as it stands.   Held, Before parting, we may observe that there may not be any justification to deny the right of survivorship so far as the

Intestate Succession and Escheat: When wills were not found proved by three courts below, in such case, transfer of interest in the property concerned shall take place according to the rules of intestate succession. Para 15. [Aman Sharma v. Umesh, (2022) 8 SCC 798]

The expression “domestic relationship” is a comprehensive one-Hence, every woman in a domestic relationship in whatever manner the said relationship may be founded, has a right to reside in a shared household, whether or not she has any right, title or beneficial interest in the same. Thus, for instance, a daughter, sister, wife, mother, grandmother

Transfer petition disposed of with order of dissolution of marriage dispensing with 6 month period as stipulated in S. 13-B(2) of the HMA, 1955. The parties arrived at an amicable settlement and decided to dissolve marriage by a decree of divorce by mutual consent on certain terms and conditions. It is noted that the parties

Reduction in capacity to pay of the person liable to pay the maintenance is relevant factor while determining maintenance. A final decision shall be taken by the family court concerned as expeditiously as possible, preferably within six months from the date of communication of this order. [Uma Priyadarshini S. v. Suchith K. Nair, (2022) 5 SCC 659]

Desertion means intentional abandonment of one spouse by other without consent of other and without a reasonable cause. There should be animus deserendi on part of deserting spouse. Whether a case of desertion is established or not will depend on peculiar facts of each case. It is a matter of drawing an inference based on

Considering the fact that both appellant and respondent are not staying together since May 2011 and that the husband has already remarried.  There was concurrent findings of courts below on cruelty and desertion and irretrievable breakdown of marriage was also taking place. Hence, it was held that no interference was called for with divorce decree.

Thumb impression of executant was not matched. There was contradiction in evidence of attesting witnesses as regards place of execution. Fact finding courts did not find evidence of meeting of requirements of S. 63, to be reliable. Evidence of meeting of the requirements of S. 63 r/w S. 68 of the Evidence Act, held, must

Held, similar doesn’t mean identical in terms of area, facilities and luxuries. In the present case wife in first place not choosing any house as per her choice and secondly rejecting all properties identified by architect appointed under court order to identify similar properties, held is unreasonable. Alternate prayer for payment of Rs. 35.37 lakhs