Transfer Petition in Divorce Cases in Supreme Court Transfer Petition in Divorce Cases in Supreme Court in divorce cases essentially means when a divorce cases is filed in one state and the wife resides in the other state or the wife files a divorce case in one state and the husband resides in another state, …
Cruelty as a ground for divorce Cruelty as a ground for divorce- Cruelty could either be mental or physical cruelty or both. It is important to bear in mind that instances of cruelty may differ from case to case. It is the norm that whoever filed a divorce petition on the ground of cruelty will …
Local Commissioner’s report Local Commissioner’s report- Order 26 Rule 10 CPC Local Commissioner’s report in terms of Order XXVI Rule 10(2) CPC can be used in evidence . The Hon’ble High Court of Delhi in M L Brother LLP v. Mahesh Kumar Bhrualal Tanna [CS(COMM) 126/2022] has held that :- “10. Order 26 Rule 10(2) …
Section 15 in The Hindu Marriage Act 1955 When can a divorced person remarry? Section 15 in The Hindu Marriage Act 1955 deals with the time when a divorced individual can remarry. The conditions as set out are when the marriage has been dissolved and there is no right to appeal like in case of …
Section 36 of the Indian Divorce Act 1869 Section 36 of the Indian Divorce Act 1869-Understanding the concept of section 36 of the Indian Divorce Act is essential because it deals with only one aspect of maintenance which is pending the decision of the Main Petition. Whether the Petition is instituted by Husband or wife …
Requirements of Notice under Section 80 CPC Notice under Section 80 CPC should be evaluated separately and dissecting both Section 80(1) and section 80(2) What Section 80(1) restricts or bars the institution of a suit against the “Government” or a “public officer” (in respect of an act purporting to have been done by the public …
The Hon’ble Supreme Court in Arnesh Kumar vs State of Bihar (CRIMINAL APPEAL NO. 1277 OF 2014 has stressed on the need to serve Notice of appearance in terms of Section 41A Cr.P.C. and not just arrest without cogent reasons. Guidelines set out in Arnesh Kumar vs State of Bihar The Hon’ble Supreme Court has laid down …
Limitation Period for Filing Appeal in Divorce Cases When the question arises for Limitation Period for filing Appeal in Divorce Cases .The question of what is the period of limitation for filing an appeal against a decree or order passed by a Family Court under the Hindu Marriage Act, 1955 , the same was dealt …
Appeal Under Section 19 of Family Courts Act, 1984 When a party is aggrieved by a judgment and decree passed by the Family Court , one has the option to file an appeal under Section 19 of Family Courts Act, 1984. Very recently in an important Judgment passed by the Hon’ble High Court of Delhi …
Where Defendant fails to file a written statement Time limit for filing written statement is dealt with specifically under order 8 CPC . While invoking the jurisdiction of the Court under Order8 Rule 10 where defendant fails time limit for filing written statement within the prescribed time in response to a suit . In such …
