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Search Results for "Family Court"

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Supreme Court

Supreme Court Upholds Allowances for Judicial Officers as Recommended by Second National Judicial Pay Commission. The Court rejected objections based on financial burden and equivalence with other government officers, holding that providing service conditions is a mandatory state duty essential for judicial functions and rule of law.

4 Jan 2024

The Supreme Court of India, in a judgment delivered by Dr Dhananjaya Y Chandrachud, CJI, addressed objections from the Union Government and State Gove...

Supreme Court

Supreme Court Allows Husband's Appeal in Divorce Case Under Hindu Marriage Act Due to Established Cruelty. False Criminal Prosecution by Wife Constitutes Mental Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955, Justifying Dissolution of Marriage.

26 Apr 2023

This appeal arose from divorce proceedings initiated by the husband under Section 13 of the Hindu Marriage Act, 1955. The parties were married on Apri...

Supreme Court

Supreme Court Allows Transfer of Divorce Petition from Karnataka to Maharashtra for Convenience of Wife. Transfer Granted Under Section 25 of Code of Civil Procedure, 1908 Due to Wife's Hardship from Distance, Lack of Companionship, and Language Barriers in Contesting Case in Karnataka.

18 Apr 2023

The background of the dispute involved a matrimonial conflict between a husband and wife who married in December 2020 after meeting on Facebook. The w...

Supreme Court

Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

3 Mar 2023

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

Supreme Court

Supreme Court Dismisses Transfer Petition in Divorce Case Due to Insufficient Grounds and Convenience Considerations. Transfer Under Section 25 of Code of Civil Procedure, 1908 Denied as Both Parties Reside in Jaipur and Alleged Threats and Subsequent Proceedings Are Deemed Afterthoughts.

10 Feb 2023

The dispute involved a transfer petition filed by the petitioner-wife seeking to relocate a divorce petition from the Family Court in Jaipur, Rajastha...

Supreme Court

Supreme Court Allows Wife's Appeal in Maintenance Case Under Section 125 CrPC, Reversing Lower Courts' Orders. The Court held that maintenance under Section 125 CrPC is a social justice measure, and the wife's entitlement is not negated by living separately if justified by the husband's conduct such as questioning chastity, remanding the matter for fresh consideration.

28 Sep 2022

The dispute involved a maintenance petition filed by the wife and son against the husband under Section 125 of the Code of Criminal Procedure, 1973. T...

Supreme Court

Supreme Court Allows Transfer of Matrimonial Cases from Jabalpur to Kota for Convenience and Mediation. Transfer petitions granted under Supreme Court's inherent powers to relocate family court proceedings for party convenience and to facilitate settlement through mediation as per judicial preference in family disputes.

5 Sep 2022

The Supreme Court of India heard transfer petitions filed by the petitioner-wife seeking to relocate matrimonial proceedings from Jabalpur, Madhya Pra...

Supreme Court

Supreme Court Allows Transfer Petition in Matrimonial Dispute for Convenience of Wife. Transfer Granted from Thane, Maharashtra to Gaya, Bihar Under Code of Civil Procedure, 1908 with Direction for Mediation.

5 Sep 2022

The dispute arose from a matrimonial case where the petitioner-wife filed a transfer petition in the Supreme Court seeking to move a marriage petition...

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