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4 judgments in Family law
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Whether a daughter can claim a right to residence under Section 19 of the Protection of Women from Domestic Violence Act, 2005 in her parental home (shared household) after being evicted by an order of the SDM, where her father and brother oppose her residence and have offered alternative rented accommodation and monthly maintenance.
T.P.(Crl.) No. 569 of 2022
Whether the Supreme Court can dissolve a marriage by mutual consent under Article 142 of the Constitution of India without requiring the parties to comply with the statutory waiting period under Section 13-B of the Hindu Marriage Act, 1955, where the parties have voluntarily settled all disputes including payment of Rs. 4 crores as permanent alimony.
(2006) 4 SCC 558
Whether the repeated filing of criminal and civil proceedings by the wife against the husband, including false allegations, fabricated complaints, public notices denigrating him, and efforts to get him arrested, constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, entitling the husband to a decree of divorce. Additionally, whether the High Court was justified in reversing the Family Court's decree of divorce.
(1994) 1 SCC 337
Whether the allegations made by the wife in her written statement — that the husband is suffering from 'paranoid disorder', is a 'mental patient', 'needs expert psychiatric treatment', and that he and all members of his family are 'lunatics' with a 'streak of insanity running through the entire family' — constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, entitling the husband to a decree of divorce without a full trial on the original adultery allegations.