1	SANTA SHARMA Vs. SUSHIL SHARMA	Coram: G.T.Nanavati, S.N.Phukan	16/02/2000	Hindu Marriage Act, 1955-Section 26-Custody of Minor children-Divorce proceedings initiated by husband in USA-During the pen-dency of the proceedings both husband and wife were living separately from each other in USA-American Court passed an inte	Allowing the appeal, this Court HELD : 1.1. It will not be proper to be guided by the fact that the appellant had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of	Click here to see Subject, Head Notes, Citation and Judgement
2	PADMJA SHARMA Vs. RATAN LAL SHARMA	Coram: D.P. WADHWA , M.B. SHAH	28/03/2000	Hindu Marriage Act, 1955/Hindu Adoptions and Maintenance Act, 1956/Code of Criminal Procedure, 1973 : S.13/S.20 read with s.3(b) and s.26/s.125-Petition by wife for dissolu-tion of marriage-Applications under s.125 Cr.P.C. and s.26 of Hindu Adop	Allowing the appeal in part, the Court HELD : 1.1. In view of s.20 of the Hindu Adoptions and Mainte-nance Act, 1956, a minor child can claim maintenance from his or her father or mother. Under this section it is as much the obligation of the fa	Click here to see Subject, Head Notes, Citation and Judgement
3	LILY THOMAS, ETC. ETC. Vs. UNION OF INDIA & ORS.	Coram: R.P.SETHI, S.S.AHMAD	05/05/2000	Constitution of India, 1950 : Article 20(1) : Review of Sarla Mudgal's case-Alleging violation of constitutional provisions-Held, not sustainable-The procedure established by law, as mentioned in Article 21 of the Constitution means the law pres	Disposing of the petitions, the Court HELD : Per R.P. Sethi, J. (Concurring) 1.1. Review is the creation of a statute. The power of review is not an inherent power. It must be conferred by law either specifically or by neces-sary implication. R	Click here to see Subject, Head Notes, Citation and Judgement
4	DR.SURAJMANI STELLA KUJUR Vs. DURGA CHARAN HANSDAH & ANR.	Coram: K.T.THOMAS, R.P.SETHI	14/02/2001	Hindu Law : Hindu Marriage Act, 1955-Section 2(2)-Hindu for the purposes of the Act-Who is-Schedule Tribes-Solemnisation of second marriage by husband during subsistence of first marriage-Complaint of bigamy by wife- Held, Hindu Marriage Act no	Dismissing the appeal, the Court HELD : 1. In the complaint, the appellant has not referred to any alleged custom having the force of law which prohibits the solemnisation of second marriage by the respondent and the consequences thereof. Mere p	Click here to see Subject, Head Notes, Citation and Judgement
5	HIRACHAND SRINIVAS MANAGAONKAR Vs. SUNANDA	Coram: D.P. MOHAPATRA, DORAISWAMY RAJU	20/03/2001	Hindu Law : Hindu Marriage Act, 1955 : Sections 10(2), 13(J-A)(i) and 23(l)(a). Judicial Separation-Maintenance not paid-Divorce petition- Maintainability of-Decree for judicial separation passed on wife's application on ground of husband's a	Dismissing the appeal, the Court HELD : 1. Section 13(1-A) of the Hindu Marriage Act, 1955 confers a right on either party to the marriage so that a petition for divorce can be filed not only by the party which had obtained a decree for judicial	Click here to see Subject, Head Notes, Citation and Judgement
6	CHETAN DASS APPELLANT Vs. KAMLA DEVI RESPONDENT	Coram: D.P. MOHAPATRA, BRIJESH KUMAR	17/04/2001	Hindu Law : Hindu Marriage Act, 1955: Sections 9, 13 and 23. Marriage-Irretrievable breaking down of-Dissolution of-By grant of decree of divorce-Principles-Husband filed application for divorce after about 2 years of marriage but got the pet	Dismissing the appeal, the Court HELD : 1. Matrimonial matters are matters of delicate human and emotional relationship. It demands mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustments with the spouse	Click here to see Subject, Head Notes, Citation and Judgement
7	R. LAKSHMI NARAYAN Vs. SANTHI	Coram: D.P. MOHAPATRA, U.C. BANERJEE	01/05/2001	Hindu Marriage Act, 1955-Sections 5(ii) and 12(l)(b): Declaration of marriage null and void-Wife suffering from mental disorder and refusing to have cohabitation with husband-Establishment of-Held, husband failed to establish that the ailment su	Dismissing the appeal, the Court HELD : 1.1. On a plain reading of Section 5(ii) of the Hindu Marriage Act, 1955, it is manifest that the conditions prescribed in the section, if established, disentitles the party to a valid marriage. The marria	Click here to see Subject, Head Notes, Citation and Judgement
8	STATE OF MADHYA PRADESH Vs. SARDAR	Coram: M.B. SHAH , S.N. VARIAVA	25/07/2001	Penal Code, 1860 : S.494-Bigamy-Ingredients explained-Husband contracting a second marriage during the subsistence of the first marriage-Held, in the facts of the case, the husband committed offence of bigamy. Hindu Marriage Act, 1956 : S.	Disposing of the appeals, the Court HELD ; 1. Normally, omissions or contradictions, which affect the basic structure of the prosecution case, may be considered to be sufficient for giving benefit of doubt to the accused. On the basis of some c	Click here to see Subject, Head Notes, Citation and Judgement
9	SAVITRI PANDEY Vs. PREM CHANDRA PANDEY	Coram: R.P. SETHI, Y.K. SABHARWAL	08/01/2002	Hindu Marriage Act, 1955: S. 13-Divorce on the ground of cruelty and desertion-Desertion means withdrawing from the matrimonial obligations-Not permitting/facilitating the cohabitation between-Continuous course of conduct to be determined, unde	Dismissing the appeal, the Court HELD : 1. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury or to have caused reasonable apprehe	Click here to see Subject, Head Notes, Citation and Judgement
10	G.V.N. KAMESWARA RAO Vs. G. JABILLI	Coram: D.P. MOHAPATRA, K.G. BALAKRISHNAN	10/01/2002	Hindu Marriage Act, 1955-Section 13(1)(ia)-Petition by husband for divorce on ground of mental cruelty by wife-Entitlement to-Held, on facts, because of non-cooperation and hostile attitude of wife, husband was subjected to serious traumatic exper	Allowing the appeal, the Court HELD: 1.1. Cruelty can be said to be an act committed with the intention to cause sufferings to the opposite party. Austerity of temper, rudeness of language, occasional outburst of anger may not amount to cruelty	Click here to see Subject, Head Notes, Citation and Judgement
11	Jinia Keotin & Ors. Vs. Kumar Sitaram Manjhi & Ors.	Coram: DORAISWAMY RAJU, SHIVARAJ V. PATIL.	20/12/2002	Hindu Marriage Act, 1955-Section 16(3)-Right of illegitimate child to inherit property-Plea that right should not be limited only to property of their parents, but also to coparcenary property-Held, since the provisions limit right of such child o	Dismissing the appeal, the Court HELD: Though Section 16 of Hindu Marriage Act, 1955 was enacted to legitimize children, who would otherwise suffer by becoming illegitimate, at the same time it expressly provides in sub-section (3) by engrafting	Click here to see Subject, Head Notes, Citation and Judgement
12	Union of India & Others Vs. M/s. G.T.C. Industries Limited	Coram: CJI., S.B. SINHA, AR. LAKSHMANAN.	27/03/2003	Hindu Marriage Act, 1955/Code of Civil Procedure, 1908-Sections 12(l)(b) and 13(1)(iii)/Section 151-Matrimonial proceedings-Divorce sought on the ground of ill mental health of spouse-Application for medical examination- Jurisdiction of Court to p	Dismissing the appeal, the Court HELD: 1.1. A matrimonial court has the power to order a person to undergo medical test. However, the Court should exercise such a power if the applicant has a strong prima facie case and there is sufficient mater	Click here to see Subject, Head Notes, Citation and Judgement
13	Sharda Vs. Dharmpal	Coram: CJI., S.B. SINHA, AR. LAKSHMANAN.	28/03/2003	Hindu Marriage Act, 1955/Code of Civil Procedure, 1908-Sections 12(l)(b) and 13(1)(iii)/Section 151-Matrimonial proceedings-Divorce sought on the ground of ill mental health of spouse-Application for medical examination- Jurisdiction of Court to p	Dismissing the appeal, the Court HELD: 1.1. A matrimonial court has the power to order a person to undergo medical test. However, the Court should exercise such a power if the applicant has a strong prima facie case and there is sufficient mater	Click here to see Subject, Head Notes, Citation and Judgement
14	B.P. ACHALA ANAND Vs. S. APPI REDDY & ANR.	Coram: CJI, G.P. MATHUR, P.K. BALASUBRAMANYAN	11/02/2005	Hindu Law : Deserted or divorced wife-right of-To retain occupation of matrimonial home-Tenanted premises-Taken by husband-premises left by husband leaving behind deserted wife-Eviction suit-Right of deserted wife to contest the suit-Decree of div	Dismissing the appeal, the Court HELD : 1. The Rent Control Law makes provision for protection of the tenant not only for his own benefit but also for the benefit of all those residing or entitled to reside with him or for whose residence he must	Click here to see Subject, Head Notes, Citation and Judgement
15	Durga Prasanna Tripathy Vs. Arundhati Tripathy	Coram: RUMA PAL, DR. AR. LAKSHMANAN	23/08/2005	Hindu Marriage Act, 1955-Section 13(1)-Marriage broke down within 7 months-Family Court granted decree of divorce to husband on grounds of desertion and cruelty by wife-Husband directed to pay Rs. 50,000 towards permanent alimony-High Court set aside	Allowing the appeal, the Court HELD : 1. The High Court held against the appellant on two points, namely: - misquoting of the evidence of respondent, by the Family Court; and inconsistent plea of the appellant with regard to leaving the matrimonia	Click here to see Subject, Head Notes, Citation and Judgement