Family and Personal laws

Intention of testator to make testament must be proved, and propounder of will must examine one or more attesting witnesses and remove all suspicious circumstances with regard to execution of will. Letters of administration not granted. [Murthy v. C. Saradambal, (2022) 3 SCC 209]

Reunion of family: Principles explained in detail about concept of reunion of joint family, manner in which to be proved, presumption against reunion after partition. The plaintiff’s case throughout was that the family continued to be joint after 7-11-1960 and defendant 1 who alone had filed the written statements and appeared in the witness box having

In this case, prayer for transfer of case, declined. However, directions on manner of conducting of proceedings were issued. Trial court was directed to conduct proceedings online for effective participation of parties, if facility available. In the event, the petitioner’s presence is necessary; the court shall fix such successive/ consecutive date(s) as may be convenient

17(2)(vi) and Ss. 17(1)(b) & (c): Second part of S. 17(2)(vi) which is an exception to the exception carved out by S. 17(2)(vi), and hence to which said second part, Ss. 17(1)(b) & (c) normally apply. Ss. 17(1)(b) & (c) are not applicable to compromise decree comprising immovable property other than that which is subject-matter

Reference in this behalf was made to the judgments of this court in Bhagwan Dayal v. Reoti Devi (AIR 1962 SC 287). In this case, this court held that the general principle is that a Hindu Family is presumed to be joint unless the contrary is proved. It was further held that where one of

For considering dissolution of marriage at instance of a spouse who alleges mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The

In this case, there was a reference to mediation on the consent of counsel. Directions were issued as to expenses and interaction of the child with parent and mediator to make arrangements for continued interaction till the mediation process is on -With the liberty to move the court, liberty to file rejoinder -affidavit, in case

It is well-settled law by a catena of judgments that while deciding matters of custody of a child, the primary and paramount consideration is the welfare of the child. A child, especially a child of tender years requires love, affection, company, protection of both parents. This is not only the requirement of the child but

Held that in a matter where the differences between the parties are not of such magnitude and is in the nature of usual wear and tear of marital life, the future of the chils and her marital prospects are also considered, the dissolution of marriage merely because they have been living separately and litigating for

The facts of the case are that after bequeathing absolute and unfettered right to property to wife, the testator made it desirable to sell the property and divide the sale amount among daughter and son as per the decision of the wife. The widow instead of giving effect to the desirable part of the will