APARNA GOYAL Vs. RAKESH GOYALCoram: ARIJIT PASAYAT, MUKUNDAKAM SHARMA, H.L. DATTU27/01/2009Matrimonial 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 toCIVIL 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
2VISHNU DUTT SHARMA Vs. MANJU SHARMACoram: MARKANDEY KATJU, V.S. SIRPURKAR27/02/2009Hindu 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 treaClick here to see Subject, Head Notes, Citation and Judgement
3SMRUTI PAHARIYA Vs. SANJAY PAHARIYACoram: K.G. BALAKRISHNAN, P. SATHASIVAM, ASOK KUMAR GANGULY11/05/2009Hindu 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 ofDisposing 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 FamilyClick here to see Subject, Head Notes, Citation and Judgement
4M.YOGENDRA & ORS. Vs. LEELAMMA N. & ORS.Coram: S.B. SINHA, DEEPAK VERMA29/07/2009HINDU 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 inherAllowing 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 orClick here to see Subject, Head Notes, Citation and Judgement
5CHALLAMMA Vs. TILAGA & ORS.Coram: S.B. SINHA, CYRIAC JOSEPH31/07/2009HINDU 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 toDismissing 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 waClick here to see Subject, Head Notes, Citation and Judgement
6ANIL KUMAR JAIN Vs. MAYA JAINCoram: ALTAMAS KABIR, CYRIAC JOSEPH01/09/2009HINDU 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 - AfteAllowing 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 passeClick here to see Subject, Head Notes, Citation and Judgemen

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