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42 judgments · newest first · showing 1–42
The appellant, Shrishail Kallappa Teli, was charged under the SC/ST (Prevention of Atrocities) Act and several sections of the Bharatiya Nyaya Sanhita for allegedly having sexual intercourse with a married Scheduled Caste woman on the false pretext of marriage. The victim, a 30‑year‑old married …
Petitioner Sane Ali and another filed a writ petition under Article 226 of the Constitution seeking a certiorari to quash the orders of the Registrar of Marriages under the Special Marriage Act, 1954, which refused to solemnise and register their marriage. The Registrar declined on the ground that …
The petitioners sought a writ of mandamus and protection, claiming that they were living as husband and wife after a marriage solemnised on 20‑07‑2026. The respondents disclosed that petitioner No.2 was already married to Ray Singh on 26‑06‑2026 and that her subsequent marriage to petitioner No.1 …
The appellant mother appealed the Family Court's order that directed her to hand over custody of her 14‑year‑old daughter to the biological father within two months. The parties had divorced by consent in 2017, agreeing that the mother would retain custody until the child attained majority, with …
The appellant mother appealed the Family Court's order that directed her to hand over custody of her 14‑year‑old daughter to the biological father within two months. The parties had divorced by consent in 2017, agreeing that the mother would retain custody until the child attained majority, with …
Petitioners Palak @ Shabbo Parveen and her spouse filed a writ petition seeking a permanent injunction restraining respondents, including family members, from interfering in their marital life and requesting police protection. The petitioners submitted school certificates and affidavits establishing …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent orders, divorce decree and subsequent applications for modification. The father claimed the mother had breached a stay order and that the family court had improperly altered the consent …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent orders, divorce decree and subsequent applications for modification. The father claimed the mother had breached a stay order and that the family court had improperly altered the consent …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent orders, divorce decree and subsequent applications for modification. The father claimed the mother had breached a stay order and that the family court had improperly altered the consent …
The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent‑decree arrangements under the Special Marriage Act. The mother sought modification of the consent order to obtain joint parenting, while the father contested the modification, arguing no …
The petitioner, Bablu Kumar, sought anticipatory bail after being implicated in a case alleging assault, theft of valuables, and dowry-related offences under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. The prosecution alleged that Kumar entered the former husband’s house of the …
The appellant Manoj Kumar and respondent Nita Bharti were married under the Special Marriage Act on 4 October 2007. Nita alleged cruelty, dowry demands, caste abuse and an attempted murder by Manoj, and filed a divorce petition under Section 27 of the Act. The Family Court dismissed the petition, …
The applicant, Smita Sushanth Shetty, filed an interim application seeking condonation of a 181‑day delay in filing an appeal against a Family Court decree for restitution of conjugal rights under the Special Marriage Act, 1954. She claimed she was unaware of the judgment until she obtained a …
The applicants-accused filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 11213022250417 of 2025 registered with Jetpur City Police Station, Rajkot Rural, for offences under Sections 64(2)(m), 87, 351(3), and 54 of the Bharatiya Nyaya …
Rakhi Sadhukhan filed for divorce from Raja Sadhukhan and was awarded permanent alimony of Rs.20,000 per month with a 5% increase every three years by the Calcutta High Court. She later contended that the amount was insufficient given the husband’s higher income and the standard of living she …
The appellant-wife filed criminal and civil proceedings alleging cruelty, hurt and dowry demands by her husband, leading to multiple interim maintenance orders. After nine years of separation, failed reconciliations and pending litigations, the parties mutually agreed that the marriage was …
The petitioners, both commercial pilots, claimed to have "solemnised" their marriage on 7 July 2021 and obtained a marriage certificate from Vadik Jankalyan Samiti, which was later used to register the marriage under the Uttar Pradesh Marriage Registration Rules, 2017. In reality, no Hindu rites or …
The Supreme Court of India considered a batch of petitions seeking legal recognition of same-sex marriage under the Special Marriage Act, 1954, and other laws. The Court held that there is no fundamental right to marry under the Constitution, and the Special Marriage Act is not unconstitutional for …
The case concerned the succession to the private properties of the late Raja Harinder Singh of Faridkot. The Raja had executed several wills, the last of which (dated 1‑June‑1982) purportedly left all his property to a trust for his two younger daughters, excluding the eldest daughter, Rajkumari …
The husband appealed against a Family Court order granting interim maintenance of Rs 15,000 per month to his wife and Rs 10,000 per month to his son under Section 125 of the Cr.P.C., which was affirmed by the Bombay High Court. The Supreme Court upheld the lower courts' orders, directed the husband …
The plaintiff, Sujathamma, a maternal granddaughter of the deceased's father, claimed to have married her maternal uncle Hanumanthappa on 7 March 1986 and sought a share of his estate as his wife. The alleged marriage was supported only by a registration document (Ex.P/1) with no evidence of any …
Samar Kumar Roy filed a suit under Section 34 of the Specific Relief Act, 1963 (and Section 38 for injunction) seeking a declaration that his alleged marriage under the Special Marriage Act was void. The plaintiff died during the proceedings and his mother was substituted as his legal representative …
Shabnam Hashmi filed a writ petition under Article 32 seeking a declaration that the right to adopt and to be adopted is a fundamental right under Article 21 and that adoption should be permitted irrespective of religion, caste or creed. The petition also asked the Union of India to enact an …
The husband filed a writ petition challenging the interim maintenance granted to his wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that she was already married to another man, as evidenced by a marriage certificate under the Special Marriage Act, 1954. …
Rizwanur Rahman married Priyanka Todi under the Special Marriage Act. After the marriage, police officials repeatedly interfered, threatened the couple and later the deceased was found dead on railway tracks. The mother and brother of the deceased filed a writ petition seeking transfer of the …
The appellant, Sandhya Manoj Wankhade, filed a complaint under the Protection of Women from Domestic Violence Act, 2005 against her husband and his mother‑in‑law and sister‑in‑law. The trial court and the Nagpur Bench of the Bombay High Court deleted the mother‑in‑law and sister‑in‑law from the …
The appellant, Ram Chandra Bhaghat, was convicted under Section 493 of the Indian Penal Code for deceitfully inducing a belief of lawful marriage and cohabiting with the complainant for nine years, during which they had two children. The appellant argued that no belief of a lawful marriage was …
The appellant, Bhabani Prasad Jena, filed a petition under the Special Marriage Act seeking a declaration of nullity of his marriage and claimed the marriage was unconsummated. While the matrimonial suit was pending, the wife filed a complaint before the Orissa State Commission for Women alleging …
The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical …
The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, …
The case involved two senior IAS officers who married under the Special Marriage Act in 1984. The wife unilaterally decided not to have children, refused cohabitation, neglected her husband during illness, insulted him and eventually forced him out of their home, leading to a separation that lasted …
The husband filed a petition for divorce under Section 27(d) of the Special Marriage Act, alleging cruelty. The trial court decreed divorce, but the High Court set aside that decree. While the appeal was pending before the Supreme Court, the parties executed a Joint Memorandum of Settlement wherein …
The parties were married under the Special Marriage Act and had a daughter born in 1990. The mother left the matrimonial home with the child in 2000, prompting the father to file a habeas corpus petition and applications under Sections 7 and 25 of the Guardians and Wards Act, 1890 and Section 6 of …
The Supreme Court, hearing a transfer petition concerning a matrimonial suit, observed that the lack of official marriage records in many States enables unscrupulous persons to deny the existence of marriages, adversely affecting women and children. It noted that while several States have rules for …
The petitioners, a group of Muslim women, challenged the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, arguing that it discriminated against them by excluding Muslim divorced women from the protection of Section 125 of the Code of Criminal Procedure. The …
Jayalakshmi Coelho and Oswald Joseph Coelho, married under the Special Marriage Act, executed a mutual‑consent divorce agreement on 26 July 1991 that also dealt with property and child‑custody matters. Their petition for divorce sought only a decree of divorce, and the Family Court granted it …
The petitioner, Anil Kumar Mahsi, filed a writ petition under Article 32 challenging Section 10 of the Indian Divorce Act, 1869 as being discriminatory against husbands and violative of Article 14 of the Constitution. He sought dissolution of his marriage on the ground of his wife's desertion and …
Sureshta Devi and Om Prakash filed a joint petition under Section 13‑B of the Hindu Marriage Act for divorce by mutual consent. The wife later applied to withdraw her consent, claiming it was obtained under pressure, and the District Court dismissed the petition. The High Court reversed that order, …
The wife, a Christian from the Khasi tribe and an Indian Foreign Service officer, married a Sikh husband under the Indian Christian Marriage Act, 1872. She filed a petition under the Indian Divorce Act, 1869 seeking a declaration of nullity or judicial separation on the ground of her husband's …
Mrs. Dorothea Mitra obtained a decree of divorce in 1962 granting her permanent alimony of Rs.300 per month until remarriage, under Section 37 of the Special Marriage Act, 1954. The husband, Prafulla Kumar Mitra, died in 1965 without providing for the decree in his will, and the executrix failed to …
The Supreme Court considered the custody of an 11‑year‑old daughter, Gospi, of a divorced Parsi couple. The lower courts had awarded custody to the father, but the mother appealed, arguing that the child's welfare required her custody and continued education in a boarding school. The Court held that …
Reynold Rajamani and his wife, married under the Indian Christian Marriage Act, filed a joint petition under Section 28 of the Special Marriage Act seeking divorce by mutual consent. The trial court dismissed the petition, and the couple attempted to rely on Section 7 of the Indian Divorce Act 1869 …
