LEGAL CASE MINE

Smt. SARLA MUDGAL, PRESIDENT, KALYANI Vs. UNION OF INDIA (UOI) SUPREME COURT OF INDIA 1995 CASE UNDER SECTION 17 OF HINDU MARRIAGE ACT ON BIGAMY BY COVERSION OF RELEGION Facts of the case :  Petitioner 1 was the president of kalyani organisation which was a registered organisation working Interest of society especially women. Petitioner 2 was Meena Mathur who was married to Jitender Mathur under hindu laws. Jitender Mathur later, without dissolving the first marriage, solemnized second marriage with Sunita Narula after the both converted to Islam. However Jitender Mathur still remains to be a Hindu.  Question before the court :  Whether a hindu husband, without dissolving his first marriage, can solemnize second marriage by embracing Islam.  JUDGEMENT :  When the hindu marriage is solemnized, both the spouse are entitled to certain rights and status as provided under hindu personal law. If one of the spouse is allowed to dissolve the marriage by embracing to isl...

SURESHTA DEVI Vs. OM PRAKASH  SUPREME COURT OF INDIA 1992 UNILATERAL WITHDRAW OF THE CONSENT AFTER FILING THE PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION 13B OF HINDU MARRIAGE ACT Facts of the case :  The appellant was married to the respondent. Later both of them filed the petition for divorce by mutual consent under section 13B of HINDU MARRIAGE ACT (HMA). Court recorded the statement of both the parties and left the matter there. After some time the wife filed the application in the court, inter alia, stating that her earlier consent was taken by the force. Therefore she plead against the dissolution of marriage.  Question before the court :  Whether the consent freely given by both the parties for divorce by mutual consent under section 13B can be revoked later by one party unilaterally or is it irrevocable.  JUDGEMENT : The trial court found that the earlier consent of the wife was not under any type of force or coercion and was completely free. Ho...

SAVITRI PANDEY Vs. PREM CHANDRA PANDEY SUPREME COURT OF INDIA  2002 CASE FOR SECTION 13 OF HINDU MARRIAGE ACT ON THE GROUNDS OF CRUELTY AND DESERTION Facts of the case :  The appellant - wife approached the court for the dissolution of marriage under section 13 of HMA alleging cruelty and desertion against the husband.  Contention of the parties :  Petitioner : Petitioner plead for the dissolution of marriage on the grounds of cruelty and desertion by the husband. Respondent  : Respondent - husband argued that no acts of cruelty were performed to the wife and the petitioner is trying to take advantage of her own wrong.  JUDGEMENT :  The trial court passed the decree in favour of the wife. The court observed that although nothing can establish cruelty against husband, desertion by husband provides sufficient grounds for dissolution of marriage.    High court opined that there was nothing to prove cruelty as against husband and further there w...

BABUI PANMATO KUER Vs. RAM AGYA SINGH PATNA HIGH COURT 1968 CASE ON CONSENT BY FRAUD UNDER SECTION 12(1)(c) OF HINDU MARRIAGE ACT Facts of the case :  The petitioner filed the case for the annulment of marriage on the grounds of fraud under clause(c) of sub-section (1) of section 12 of Hindu Marriage Act. The petitioner who was somewhat above 18 years, before the solemnization of marriage, overhead her father telling her mother that the bridegroom was of the age between 25 to 30. She didn't objected to it and thus her silence amount to her consent for that marriage. She was having the heavy veil before her face due to which she was not able to see the face of the bridegroom. After marriage she found that her husband was around 60 years old. She ran away twice from her matrimonial home but everytime the respondent was able to get her back in his house by filing the petition under section 498 of IPC. Finally the girl-petitioner decided to file the present case.  JUDGEMENT :...

BIPINCHANDRA JAISINGHBHAI SHAH Vs. PRABHAVATI  SUPREME COURT OF INDIA 1957  CASE ON DESERTION UNDER HINDU MARRIAGE ACT In the given case court dealt with the issue of desertion as a ground for the dissolution of marriage. The court observed that mere temporary seperation of spouse does not amount to desertion  The court laid down the two essential conditions for the deserting spouse :  The factum of seperation The intention to bring the cohabitation permanently to an end (animus deserendi) Similarly on the part of deserted spouse, supreme court laid down two essentials :  Absence of consent. Absence of conduct giving the reasonable cause to the deserting spouse to form the above necessary intention.  Therefore desertion is a matter of inference which is drawn from facts and circumstances of the case. Most important question always is that whether the act of seperation is attributable to animus deserendi. If the deserting spouse took the advantage of locus p...

D. K. BASU Vs. STATE OF WEST BENGAL (WB) SUPREME COURT OF INDIA 1996 CASE DETERMINING PREREQUISITE OF ARREST Facts of the case :  The Executive Chairman of Legal Aid Service, West Bengal, wrote a letter to Chief Justice of India drawing his attention towards increasing cases of deaths in police custody and lock-ups. It was requested that the letter to be treated as writ petition under 'Public Interest Litigation' category.  JUDGEMENT :  The court issue certain directions in cases of arrest or detention unless the appropriate legal provisions were legislated in this regard. The police officer carrying out interrogation or arrest should bear a clear visible tag of his name, post etc. The police officer carrying out the arrest should prepare a memo attested by one witness The police officer in charge should inform the relative, friend or a well wisher of the arrestee about the arrest The time and place of arrest and venue of detention shall be informed by officer in charge t...

D. C. WADHWA Vs. STATE OF BIHAR SUPREME COURT OF INDIA 1987 CASE ON REPROMULGATION OF SAME ORDINANCE UNDER ARTICLE 213 OF THE CONSTITUTION Facts of the case :  Petitioner filed the petition under article 32 of the constitution challenging the validity of repeated promulgation of the same ordinance by the government of Bihar without replacing it with act of the legislature Contention of the parties :  Petitioner  : It was argued that the governor and the government of Bihar repeatedly promulgated the same ordinance multiple times without replacing it with the act of the legislature and thus is ultra vires of the constitution under article 213 making the ordinance invalid.  Respondent  : State of Bihar argued that the petition cannot be sustained in this honourable court as the court cannot decide upon the existence of the situation prerequisite for exercising the power under article 213 of the constitution by the governor of Bihar.  JUDGEMENT :  The cou...