16	Ruma Chakraborty Vs. Sudha Rani Banerjee & Anr.	Coram: DR. AR. LAKSHMANAN, ALTAMAS KABIR	04/10/2005	Code of Civil Procedure, 1908-Order 1, Rule 10(2)-Addition of defendants-Requirement of being either a necessary party or a proper party-Eviction suit on ground of sub-letting-Landlady alleging that appellant, the divorced wife of tenant, was in ille	Dismissing the appeal, the Court HELD: 1.1. The Trial Court and the High Court did not commit any jurisdictional error nor acted with material irregularity in dismissing the application under Order 1 Rule 10 C.P.C. filed by the appellant. [1072	Click here to see Subject, Head Notes, Citation and Judgement
17	M.M. MALHOTRA Vs. UNION OF INDIA AND ORS.	Coram: ARIJIT PASAYAT, H.K. SEMA	04/10/2005	Military Law: Air Force Act, 1950: Section 19-Termination of service by Central Government-Moral turpitude-Air Force Officer married complainant as per Hindu rites-Complainant lodged a complaint alleging that the said Officer had illicit relati	Dismissing the appeal, the Court HELD: 1.1. It was the complainant who alleged that during the subsistence of the appellant's marriage with her he had contracted another marriage with a woman. But the fact remains that there is a decision rendere	Click here to see Subject, Head Notes, Citation and Judgement
18	Vinita Saxena Vs. Pankaj Pandit	Coram: RUMA PAL, DR. AR. LAKSHMANAN	21/03/2006	Hindu Law: Hindu Marriage Act, 1955: Section 13(1)(i-a) and (iii). Divorce-Cruelty and mental disorder-Non-consummation of marriage-Marriage solemnized in 1993-Marriage lasted only for five months but was never consummated as the husband was in	Allowing the appeal, the Court HELD: 1.1. It is not in dispute that the marriage has lasted hardly for five months and was never consummated on account of the fact that the respondent was incapable of performing his matrimonial obligations. The ap	Click here to see Subject, Head Notes, Citation and Judgement
19	Naveen Kohli Vs. Neelu Kohli	Coram: B.N. AGRAWAL, A.K. MATHUR, DALVEER BHANDARI	21/03/2006	Hindu Law: Hindu Marriage Act, 1955 (as amended by 1976 Amendment): Sections 10 and 13. Irretrievable breakdown of marriage-Ground for divorce-Cruelty in matrimonial cases-Husband filed a petition for divorce alleging that the wife was a bad-te	Allowing the appeal, the Court HELD: 1.1. The petition for divorce was filed primarily on the ground of cruelty. Prior to the 1976 amendment in the Hindu Marriage Act, 1955 cruelty was not a ground for claiming divorce under the Hindu Marriage Act	Click here to see Subject, Head Notes, Citation and Judgement
20	Sanghamitra Ghosh Vs. Kajal Kumar Ghosh	Coram: G.P. MATHUR, DALVEER BHANDARI	20/11/2006	Hindu Law: Hindu Marriage Act, 1955; Section 9: Wife tortured by her husband and in-laws-She was driven out of her matrimonial home along with her minor child-Criminal complaint-Filing of a petition by her husband in a District Court for restit	Disposing of the petition, the Court HELD: 1. In order to do complete justice in the matrimonial matters, this Court has been less hesitant in exercising its extra-ordinary jurisdiction under Article 142 of the Constitution. In view of peculiar	Click here to see Subject, Head Notes, Citation and Judgement
21	Rishikesh Sharma Vs. Saroj Sharma	Coram: DR. AR. LAKSHMANAN , TARUN CHATTERJEE JJ	21/11/2006	Hindu Law: Hindu Marriage Act; Section 28: Husband filing petition for dissolution of marriage on ground of mental cruelty and desertion-Dismissed by trial Court-First appeal dismissed by High Court-On appeal, Held: Both the husband and the wif	Allowing the appeal, the Court HELD:1.1. In the instant case the marriage is irretrievably broken down with no possibility of the parties living together again. Both the parties have crossed 49 years and living separately and working. 1.2. Ther	Click here to see Subject, Head Notes, Citation and Judgement
22	Sujata Uday Patil Vs. Uday Madhukar Patil	Coram: G.P. MATHUR, A.K. MATHUR	13/12/2006	Hindu Marriage Act, 1955-Sections 13(1) (i-a) and (i-b)-Divorce petition on the ground of cruelty and desertion by wife-Trial Court granting decree of judicial separation-Appellate Courts granting decree of divorce and alimony to the wife and the chi	Disposing of the appeal, the Court HELD: 1.1. The findings recorded by the District Judge and also by the High Court are fully born out from the material on record and cannot be faulted with on any ground. Therefore, the decree for divorce has	Click here to see Subject, Head Notes, Citation and Judgement
23	JAGRAJ SINGH Vs. BIRPAL KAUR	Coram: C.K. THAKKER, LOKESHWAR SINGH PANTA	13/02/2007	Hindu Marriage Act, 1955; ss. 13, 23(1)(2) and (3)/Code of Civil Procedure, 1908; O.III R.1; O.IX R.2; O.XXXII-A R.3: Divorce-Restitution of conjugal rights-Role of trial Court-Presence of parties in Court on date of hearing-Necessity of-Held: In	Dismissing the appeal, the Court HELD: 1. Bald assertion of the appellant-husband that no Court of law can direct a party to remain personally present cannot be accepted. Apart from the matters under the Hindu Marriage Act, even in civil matters a	Click here to see Subject, Head Notes, Citation and Judgement
24	Smt. Mayadevi Vs. Jagdish Prasad	Coram: DR. ARIJIT PASAYAT, DALVEER BHANDARI	21/02/2007	Hindu Marriage Act, 1955-Divorce petition-On the ground of cruelty-By husband-Decree of divorce granted by courts below-On appeal, held: Facts of the case prove that the husband was subjected to mental and physical cruelty Hence, entitled to decree o	Dismissing the appeal, the Court HELD: 1. The instances of cruelty highlighted by the trial Court and also by the High Court clearly prove that the husband was subjected to mental and physical cruelty. It is not a fact that the conviction in the c	Click here to see Subject, Head Notes, Citation and Judgement
25	DEEPAK JAIN Vs. CHARU JAIN	Coram: DR.AR.LAKSHMANAN, ALTAMAS KABIR	14/03/2007	Hindu Marriage Act, 1956: s.24 - Interim maintenance-Held, order of trial court granting Rs.12,000/- per month as interim maintenance and Rs.11,000/- as litigation expenses as affirmed by High Court suffers from no infirmity. The instant appeal	Dismissing the appeal, the Court HELD: The order under challenge suffers from no infirmity. The interim order passed by this Court on 17.2.2006 directing the appellant to pay a sum of Rs.8000/- per month to the respondent is vacated. The appella	Click here to see Subject, Head Notes, Citation and Judgement
26	Chand Patel Vs. Bismillah Begum & Anr	Coram: ALTAMAS KABIR, J.M.PANCHAL	14/03/2008	Code of Criminal Procedure, 1973 - s.125 - Maintenance - Second marriage by muslim with his wife's sister while his earlier marriage with other sister still subsisting - Daughter born out of this wedlock - Claim for maintenance by second wife and her	Dismissing the appeal, the Court HELD: 1. Though the factum of marriage between them was denied by the appellant, the courts below negated the appellant's case and proceeded on the basis that a marriage had been performed between them. If the marr	Click here to see Subject, Head Notes, Citation and Judgement
27	JAGDISH SINGH Vs. MADHURI DEVI	Coram: C.K. THAKKER, D.K. JAIN	28/04/2008	Hindu Marriage Act, 1955 - s.13 - Divorce - Husband filed divorce petition on grounds of desertion and cruelty - Family Court decided both issues in favour of husband and passed decree of divorce - High Court reversed the decree - Challenge to - Held	Allowing the appeal and remanding the matter to High Court for expeditious disposal in accordance with law, the Court HELD: 1. The High Court was not right in setting aside finding of facts recorded by the Family Court without recording reasons fo	Click here to see Subject, Head Notes, Citation and Judgement
28	M.Saravana Porselvi Vs. A.R. Chandrashekar @ Parthiban & Ors.	Coram: S.B. Sinha , Lokeshwar Singh Panta	27/05/2008	Code of Criminal Procedure, 1973: ss.482 and 468 - Customary divorce - Agreement for, registered - Permanent alimony to wife - Ten years thereafter, wife filed complaint petition against husband and parents-in-law before the Women Cell on the grou	Dismissing the appeal, the Court HELD: 1. The customary divorce may be legal or illegal. The fact that such an agreement had been entered into or the Appellant had received a sum of Rs.25,000/- by way of permanent alimony, however, stands admitt	Click here to see Subject, Head Notes, Citation and Judgement
29	SATISH SITOLE Vs. GANGA	Coram: ALTAMAS KABIR, AFTAB ALAM	10/07/2008	Constitution of India, 1950: Articles 136 and 142 - Complete justice - Final settlement of matrimonial dispute - Marriage of parties having irretrievably broken down - All efforts of reconciliation having failed - Parties living separately for 14	Disposing of the appeal, the Court HELD: 1.1 Despite the attempts at reconciliation the Gordian knot could not be untied and clearly the marriage has broken down irretrievably. [para 7] [771-C] 1.2 Since the marriage between the parties is dead	Click here to see Subject, Head Notes, Citation and Judgement
30	PRIYA VRAT SINGH & ORS Vs. SHYAM JI SAHAI	Coram: ARIJIT PASAYAT, P. SATHASIVAM	05/08/2008	Code of Criminal Procedure, 1973 - s. 482 - Inherent powers of High Court - Criminal proceedings against husband u/s 494, 120 B and s. 109 IPC and s. 3 and 4 of the Dowry Prohibition Act, 1961 - Appeal u/s 482 for quashing criminal proceedings - Set	Allowing the appeal, the Court HELD: 1. The powers possessed by the High Court under section 482 of the Code of Criminal Procedure, 1973 are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be ca	Click here to see Subject, Head Notes, Citation and Judgement