The divorce shall be granted on the ground of desertion that the wife has deserted the husband without reasonable cause and without his consent and as against his wish. https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/906997
Day: November 5, 2023
The parties should disclose the previous proceedings in maintenance proceedingsThe parties should disclose the previous proceedings in maintenance proceedings
In maintenance proceedings, the parties should disclose the previous proceedings and the order passed therein in subsequent proceedings and ought to have approached the court which had already passed an
Place of matrimonial disputePlace of matrimonial dispute
In a petition for transfer of a matrimonial dispute, the convenience of wife is important. Also, Section 19(iii-a) of the Hindu Marriage Act, gives preference for the wife in respect
The maintenance amount and husband’s duty to maintain his wifeThe maintenance amount and husband’s duty to maintain his wife
The maintenance amount awarded should be just about sufficient for sustenance of one human being at the cost of living today and merely because the petitioner has taken a study
Custody of a girl childCustody of a girl child
Custody of a girl child less than 10 years must always be with a mother https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1079659 THE HIGH COURT OF JUD ICATURE AT MADRAS DATED: 13.10.2023 C.M.A.No.2913 of 2022 Stalin
If the plaint discloses a cause of action, the plaint shall not be rejectedIf the plaint discloses a cause of action, the plaint shall not be rejected
In an application under Order VII Rule 11 of the CPC, the true test is first to read the plaint meaningfully and as a whole, taking it to be true.
Bone ossification test for determination of the ageBone ossification test for determination of the age
When age is such a crucial factor in any case, a bone ossification test for determination of the age should have done. https://main.sci.gov.in/supremecourt/2014/26436/26436_2014_2_1503_47838_Judgement_30-Oct-2023.pdf IN THE SUPREME COURT OF INDIA CRIMINAL
Rule of lawRule of law
Rule of law means that laws apply equally to all citizens and institutions, including the State. Rule of law requires an equal right to access to justice for the marginalised.
Insurer’s liabilityInsurer’s liability
The mere fact that the driving licence was fake, per se, would not absolve the insurer. https://main.sci.gov.in/supremecourt/2023/31991/31991_2023_15_1502_47849_Judgement_30-Oct-2023.pdf THE SUPREME COURT OF INDIA SPECIAL LEAVE PETITION (C) No. 19992 OF 2023
A second petition under Section 482 Cr.P.CA second petition under Section 482 Cr.P.C
A second petition under Section 482 Cr.P.C. would not lie in any situation and it would depend upon the facts and circumstances of the individual case, it is not open