31	DURGESH SHARMA Vs. JAYSHREE	Coram: C.K. THAKKER, D.K. JAIN	26/09/2008	Code of Civil Procedure, 1908: s. 23 and s. 25 (as substituted by Act 104 of 1976) r/w ss. 22 and 24 - High Court, in purported exercise of its power u/s 23(3), transferring a case pending in a court subordinate to it, to a court subordinate to an	Disposing of the appeal, the Court HELD: 1.1 A High Court has no power, authority or jurisdiction to transfer a case, appeal or other proceedings pending in a court subordinate to it, to any court subordinate to another High Court in purported exe	Click here to see Subject, Head Notes, Citation and Judgement
32	RAJESH BURMANN Vs. MITUL CHATTERJEE (BARMAN)	Coram: C.K. THAKKER, D.K. JAIN	04/11/2008	Maintenance - Medical reimbursement - Claim for, by wife - Entitlement - Held: Wife is entitled to maintenance and support under the 1954 Act - Expressions `maintenance' and `support' are comprehensive and of wide amplitude and take within their s	Dismissing the appeal, the Court HELD: 1. Interference is not called for against the order passed by the trial Court and as modified by the High Court. So far as maintainability of application filed by the wife is concerned, there is no substanc	Click here to see Subject, Head Notes, Citation and Judgement
33	SUMAN KAPUR Vs. SUDHIR KAPUR	Coram: C.K. THAKKER, D.K. JAIN	07/11/2008	Hindu Marriage Act, 1955 - s. 13 (1) (ia) - Divorce sought by husband - On the ground of mental cruelty - Decreed by courts below - Wife alleging that the husband remarried a third party before expiry of period of limitation for filing SLP - Held:	Disposing of the appeal, the Court HELD: 1. It cannot be said that by recording a finding as to mental cruelty by the wife against the husband, the Courts below had committed any illegality. Sub-section (1) of Section 13 of Hindu Marriage Act, 1	Click here to see Subject, Head Notes, Citation and Judgement
34	GAURAV NAGPAL Vs. SUMEDHA NAGPAL	Coram: ARIJIT PASAYAT, G.S. SINGHVI	19/11/2008	Hindu Minority and Guardianship Act, 1956 / Guardians and Wards Act, 1890 - ss.6 and 13/ ss.8, 17 and 25 - Custody of minor child - Criteria for consideration of - Held: For determining as to who should be given custody of the minor child, paramou	Dismissing the appeals, the Court HELD: 1.1. In determining the question as to who should be given custody of a minor child, the paramount consideration is the 'welfare of the child' and not rights of the parents under a statute for the time bei	Click here to see Subject, Head Notes, Citation and Judgement
35	GULLIPILLI SOWRIA RAJ Vs. BANDARU PAVANI @ GULLIPILI PAVANI	Coram: ALTAMAS KABIR, AFTAB ALAM	04/12/2008	Hindu Marriage Act, 1955 - Preamble, ss.2, 5, 7, 8 and 12(1)(c) - Marriage between a Hindu and a Christian - Validity of - Held: A marriage between a Hindu and Christian solemnized according to Hindu customs is a nullity - Registration of such mar	Dismissing the appeal, the Court HELD: 1.1. A marriage entered into by a Hindu with a Christian is not valid under the provisions of the Hindu Marriage Act, 1955. The Preamble of the Act, indicates that it was enacted to codify the law relating	Click here to see Subject, Head Notes, Citation and Judgement
36	APARNA GOYAL Vs. RAKESH GOYAL	Coram: ARIJIT PASAYAT, MUKUNDAKAM SHARMA, H.L. DATTU	27/01/2009	Matrimonial dispute - In Lok Adalat, with the help of mediators settlement arrived at - SLP and Transfer Petition disposed of the following terms: (1) A sum of Rs.10 lacs which has been deposited with the Registry of this Court be handed over to	CIVIL ORIGINAL JURISDICTION : Transfer Petition (C) No. 91 of 2008. WITH T.P. (Crl.) Nos. 183-184 of 2008 and S.L.P. (Crl) Nos. 6900-6902 of 2007. K.B. Rohtagi, Aparna Rohtagi Jain, Mahesh Kasana and Sandhya Goswami for the Petitioner. A.	Click here to see Subject, Head Notes, Citation and Judgement
37	VISHNU DUTT SHARMA Vs. MANJU SHARMA	Coram: MARKANDEY KATJU, V.S. SIRPURKAR	27/02/2009	Hindu Marriage Act, 1955: s.13(1)(i-a) - Petition for divorce by husband alleging cruelty by wife - Dismissal by trial court as also by High Court - Plea that divorce be granted on the ground of irretrievable breakdown of marriage -	HELD: No such ground is provided by legislature for granting a decree of divorce - Supreme Court cannot add such a ground to s.13, as that would be amending the Act, which is a function of legislature - Cases referred in this regard cannot be trea	Click here to see Subject, Head Notes, Citation and Judgement
38	SMRUTI PAHARIYA Vs. SANJAY PAHARIYA	Coram: K.G. BALAKRISHNAN, P. SATHASIVAM, ASOK KUMAR GANGULY	11/05/2009	Hindu Marriage Act, 1955: s.13B (2) - Decree for divorce by mutual consent - Grant of, by Family Court - Absence of husband on three dates -Held: Family Court acted contrary to the avowed object of the Act - It granted divorce on presumption of	Disposing of the appeal, the Court HELD: 1.1. The Family Courts Act, 1984 was enacted for adopting a human approach to the settlement of family disputes and achieving socially desirable results. Section 9 of the Act casts a duty upon the Family	Click here to see Subject, Head Notes, Citation and Judgement
39	M.YOGENDRA & ORS. Vs. LEELAMMA N. & ORS.	Coram: S.B. SINHA, DEEPAK VERMA	29/07/2009	HINDU SUCCESSION ACT, 1956: ss. 6 and 8 - Coparcenery property in the hands of sole coparcener - On his death, shares claimed by his daughters, children of deceased daughter and the son born out of the second marriage - Held: The son would inher	Allowing the appeals, the Court HELD: 1.1. Evidence in different forms may be adduced before the court; information evidence may be one of them. But for the purpose of arriving at a conclusion as to whether a valid marriage has been performed or	Click here to see Subject, Head Notes, Citation and Judgement
40	CHALLAMMA Vs. TILAGA & ORS.	Coram: S.B. SINHA, CYRIAC JOSEPH	31/07/2009	HINDU MARRIAGE ACT, 1955: s.5 - Marriage - Validity of - HELD: Besides the evidence brought on record to establish ingredients of a valid marriage, presumption can also be drawn having regard to the fact that a man and woman had been residing to	Dismissing the appeal, the Court HELD: 1.1. The question as to whether a valid marriage had taken place between the deceased and respondent no. 1 is essentially a question of fact. In arriving at a finding of fact indisputably the trial court wa	Click here to see Subject, Head Notes, Citation and Judgement
41	ANIL KUMAR JAIN Vs. MAYA JAIN	Coram: ALTAMAS KABIR, CYRIAC JOSEPH	01/09/2009	HINDU MARRIAGE ACT, 1955: s.13-B - Petition for divorce by mutual consent - Couple living separately for seven years - Under a settlement, husband transferring valuable property rights in favour of wife and the wife enjoying the property - Afte	Allowing of the appeal, the Court: Held: 1.1. This Court in Sureshta Devi* held that the consent given by the parties to the filing of a petition u/s. 13-B of the Hindu Marriage Act, 1955 for mutual divorce had to subsist till a decree was passe	Click here to see Subject, Head Notes, Citation and Judgement
42	POONAM Vs. SUMIT TANWAR	Coram: AFTAB ALAM, B.S. CHAUHAN	22/03/2010	CONSTITUTION OF INDIA, 1950: Articles 32 and 142 - Writ petition against order of Family Court by which it asked the parties to abide by s.13-B(2) of Hindu Marriage Act - HELD: Is not maintainable - Judicial orders passed by courts are not amena	Dismissing the petition, the Court HELD: 1.1. It is settled legal proposition that the remedy of a person aggrieved by the decision of the competent judicial Tribunal is to approach for redress a superior Tribunal, if there is any, and that orde	Click here to see Subject, Head Notes, Citation and Judgement
43	VIKRAM VIR VOHRA Vs. SHALINI BHALLA	Coram: G.S. SINGHVI, ASOK KUMAR GANGULY	25/03/2010	Hindu Marriage Act, 1955 - s. 26 - Custody of minor child - Divorce by mutual consent - Settlement between parties as regards custody of minor child - Visitation rights granted to father - Application u/s. 26 seeking modification of terms and cust	Dismissing the appeal, the Court HELD: 1.1 The welfare of the child is of paramount importance in matters relating to child custody and the welfare of the child may have a primacy even over statutory provisions. [Para 14] [783-C] Mausami Moit	Click here to see Subject, Head Notes, Citation and Judgement
44	SUVARNALATA Vs. MOHAN ANANDRAO DESHMUKH & ANR.	Coram: ALTAMAS KABIR, CYRIAC JOSEPH	05/04/2010	Hindu Marriage Act, 1955 - ss. 13(1)(iii) and 25 - Petition for divorce by husband - Alleging mental disorder of wife - Decree of divorce by Family Court - The order affirmed by High Court - On appeal, wife not challenging decree of divorce, but f	Adjourning the matter, and in the meanwhile remitting the matter to Family Court for ascertaining the estimated income of respondent, the Court HELD: 1. The findings regarding the appellant's alleged mental disorder/schizophrenia is not acceptab	Click here to see Subject, Head Notes, Citation and Judgement
45	VINISHA JITESH TOLANI @ MANMEET LAGHMANI Vs. JITESH KISHORE TOLANI	Coram: ALTAMAS KABIR, CYRIAC JOSEPH	28/04/2010	Code of Civil Procedure, 1908 - s. 25 - Transfer of matrimonial petition - Marriage between parties conducted in Goa under their personal laws and under Hindu rites and traditions - Registration of marriage in Goa - Husband filing petition for ann	Allowing the transfer petition filed by the wife and dismissing the transfer petition filed by the husband, the Court HELD: 1.1. As far as the Civil Code as enacted on 25th December, 1910, and the provisions of the Law of Marriage as a Civil Con	Click here to see Subject, Head Notes, Citation and Judgemen