- Chand Dhawan v. Jawaharlal Dhavvan
The Supreme Court, in this case, makes it manifest that claim of maintenance under Section 25 is awardable when the marriage is “diseased or broken” as an ancillary or incidental remedy to the strained marital status due to the passing of a decree for restitution of conjugal rights, or of judicial separation in favor of or against her or of nullity or divorce with or without her consent.
- Sushil Kumari Dang v. Prem Kumar
Here, a petition for restitution of conjugal rights is filed by the husband and the husband accuses his wife of adulterous conduct. Following this he filed another petition for judicial separation which shows the extent of his sincerity and interest in keeping the wife with him. So, the Delhi High Court set aside the decree of restitution granted by the lower court.
- Lily Thomas v. Union of India
The Supreme Court of India held that if any member of a legislative council (MLC), member of the legislative assembly (MLA), or member of Parliament (MP) was convicted of a crime and awarded a minimum of two-year imprisonment, he/she shall lose membership of the House with immediate effect.
- Jijabai v. Pathan Khan
When the father and mother had fallen out and the mother was living separately for over 20 years and was managing the affairs of her minor daughter the apex Court observed that though the father was alive, he was not taking any interest in the affairs of the minor and should be treated as if non-existent, and, hence, the mother is the natural guardian of the minor’s person as well as property.
- Muhammad Usman v. Sainaba Umma
The Court has held that Section 2(9) is a residuary ground where courts have an area of discretion and freedom to dissolve the marriage. Where the court is satisfied that marital relation between the couple has actually been broken down beyond reasonable doubt, the court may include any reason or ground for giving relief to the wife.
- Mohd Ahmed Khan v. Shah Bano begum
Muslim personal law was challenged in this petition. The Supreme Court ruled in favor of Shah Bano and granted her alimony which the Muslim community felt was encroaching on Muslim Sharia law. The decision of the case led to the formation of the All-India Muslim Personal Law Board in 1973.
- Thirumal v. Rajamma
Probably in the case of non-Hindus and non-Muslims, the high courts have inherent jurisdiction to provide relief. Persons belonging to any community are free to enter into separation agreements under the general law of contract.
- Dipo v. Wassan Singh & Others
A person who must inherit property from his immediate paternal ancestors up to 3 lines, holds it in coparcenary, and to other relations, he holds it and is entitled to hold it, as his absolute property. Hence, the property inherited by a person from any other relation becomes his separate property.
- Chanmuniya v.Virendra Kumar Singh Kushwaha
Considering Sec 7 of the Hindu Marriage Act, 1955 a marriage performed in the absence of customary rites and ceremonies of either parties to marriage is not valid. And the Mere intention of the parties to live together as husband and wife is not enough. Further, there is no scope to include a woman not lawfully married within the expression of ‘wife’ in Section 125 of the Code should be interpreted to mean only a legally wedded wife.
- Sitabai v. Ramcbandra
So, there may be a relationship by implication in other cases also. The Supreme Court has also held that a son adopted by the widow of the deceased coparcener will also be a coparcener with the surviving coparceners of the deceased husband.
Written by Vipasha Mehta an intern under legal vidhiya.
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