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Legislation

Hindu Marriage Act

9 Supreme Court judgments cite this Act.

SHAKTI VAHINIversusUNION OF INDIA AND OTHERS

2018 INSC 26627 March 2018Disposed off

The petition sought directions to the Union and State governments to prevent honour crimes, including honour killings, by mandating a national and state plan of action, special cells, and prosecution of offenders. The Court held that any torture or interference with an adult's choice of marriage, even if sanctioned by

PRAKASHCHANDRA JOSHIversusKUNTAL PRAKASHCHANDRA JOSHI @ KUNTAL VISANJI SHAH

2024 INSC 5524 January 2024Appeal(s) allowed

The appellant and respondent were married in 2004 and lived in Canada until 2011, when health and employment issues forced their return to India. The couple separated in February 2011, and the respondent thereafter refused to resume cohabitation, even after multiple summons and notices, effectively deserting the appell

A.G. VARADARAJULU AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1998 INSC 15023 March 1998Dismissed

The appellants sought to exclude 36.74 acres allotted to the wife under a 1970 partition deed from the husband's land ceiling computation, claiming it was "Stridhana land" under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The dispute centered on whether Section 21A's non‑obstante clause overrod

RISHIKESH SHARMAversusSAROJ SHARMA

2006 INSC 87321 November 2006Appeal(s) allowed

The husband, Rishikesh Sharma, filed a petition for dissolution of his marriage to Saroj Sharma under Section 28 of the Hindu Marriage Act, alleging mental cruelty and desertion. The parties had been living separately since 1981, with the wife filing multiple criminal cases against the husband, and their only child, bo

UDAY GUPTAversusAYSHA & ANR.

2014 INSC 29921 April 2014Disposed off

The petitioner, an advocate, filed a Special Leave Petition challenging observations made by the Madras High Court that a valid marriage does not necessarily require adherence to all customary rights and that long‑term cohabitation creates a presumption of marriage, rendering children legitimate. The Supreme Court exam

TARAMANI PARAKHversusSTATE OF M.P. & ORS.

2015 INSC 22116 March 2015Appeal(s) allowed

The appellant, Taramani Parakh, filed a criminal complaint under Sections 498A and 34 IPC alleging dowry harassment and cruelty by her husband and his parents. The husband and his parents moved the High Court under Section 482 of the CrPC to quash the proceedings, claiming the allegations were vague, omnibus and amount

DWARIKA PRASAD SATPATHYversusBIDYUT PRAVA DIXIT AND ANR.

1999 INSC 48114 October 1999Dismissed

The husband, D.P. Satpathy, claimed that his marriage to B.P. Dixit was performed under duress and therefore invalid, and also denied paternity of the child born shortly after the ceremony. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance for herself and the child, which wa

GURPREET SINGHversusSTATE OF HARYANA

2002 INSC 38212 September 2002Dismissed

Gurpreet Singh, an ex‑Air Force officer, was charged with murdering his wife Kalpna by setting her on fire. There was no eye‑witness; the prosecution relied on circumstantial evidence including a strained marital relationship, a pending divorce with a monetary settlement, prior instances of domestic violence, the appel

PRATEEK GUPTAversusSHILPY GUPTA & ORS.

2017 INSC 11956 December 2017Appeal(s) allowed

Prateek Gupta (father) appealed a Delhi High Court order that directed him to hand over his five‑year‑old son Aadvik, a U.S. citizen, to his wife Shilpi Gupta (mother) after she filed a writ of habeas corpus. The father had taken the child to India in 2015 without the mother’s consent, and the mother obtained custody o

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