Article 142 of Constitution: Enforcement of decrees and orders of Supreme Court and orders as to divorce, etc.

(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. Bullet Points on Article 142 of Constitution: The Supreme Court can pass decrees or make orders to achieve complete justice in pending cases. These decrees or orders are enforceable across India. Enforcement methods are determined by laws made by Parliament or orders from the President until Parliament legislates on it. The Supreme Court has the authority to issue orders to ensure the presence of individuals, access to documents, and investigate or penalize contempt across the entire territory of India. These powers are subject to any laws created by Parliament regarding the same.

Can a spouse be compelled to return to the matrimonial home under restitution of conjugal rights?

While the court can issue a decree for the restitution of conjugal rights, it cannot physically force a spouse to return to the matrimonial home. Compliance with the court’s order depends on the willingness of the parties involved. Non-compliance with a decree of restitution of conjugal rights provides a ground for the other spouse to seek divorce.

Order IX, Rule 6 of CPC: Procedure when only plaintiff appears.

(1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then-- (a) When summons duly served. --if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte ; (b) When summons not duly served. --if it is not proved that the summons was duly served, the Court shall direct a second summons to be issued and served on the defendant; (c) When summons served but not in due time . --if it is proved that the summons was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant. (2) Where it is owing to the plaintiff's default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement. Summary Order 9 Rule 6 of the Code of Civil Procedure (CPC) outlines procedures when only the plaintiff appears in court. The court's actions depend on the service status of the summons and timing. Plaintiff's Appearance If the plaintiff appears and the defendant doesn't: (a) If summons duly served, court may proceed ex parte. (b) If summons not duly served, issue a second summons. (c) If summons served but not in due time, postpone and notify the defendant. Plaintiff's Default If the plaintiff's fault causes improper service or delay, then court orders plaintiff to pay costs of postponement.

Order VI, Rule 17 of CPC: Amendment of pleadings

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. Bullet Points on Order VI, Rule 17 of CPC: The Court permits parties to amend pleadings during proceedings to ensure a fair determination of the real issues. Amendments are allowed on just terms. After the trial begins, amendments are only allowed if it's proven that the matter couldn't have been raised earlier despite due diligence.

Order XII, Rule 6 of CPC: Judgment on admissions

(1) Where admissions of fact have been made either in the pleading or otherwise; whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question-between the parties, make such order or give such judgment as it may think fit, having regard to such admissions. (2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced. Bullet Points on Order XII, Rule 6 of CPC: The court can issue orders or judgments based on admissions of facts. This can occur at any stage of the suit, initiated by a party's application or the court's own motion. The court's decision is independent of other unresolved matters between the parties. Once a judgment is made, a decree is promptly issued, bearing the date of judgment pronouncement.

Order XXXIX, Rule 1 of CPC: Cases in which temporary injunction may be granted

Where in any suit it is proved by affidavit or otherwise-- (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, (c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may by order grant a temporary injunction to restrain such act. or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until further orders.

Order XXXIX, Rule 2 of CPC: Injunction to restrain repetition or continuance of breach

(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment. apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. (2) The Court may by order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit.

Section 10 of Divorce Act: Grounds for dissolution of marriage

(1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent--- (i) has committed adultery; or (ii) has ceased to be Christian by conversion to another religion; or (iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or (v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or (vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or (vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or (viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or (ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or (x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent. (2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality. Bullet Points on section 10 Divorce Act: Section 10 of Indian Divorce Act provides grounds for marriage dissolution. Petition can be presented by either the husband or the wife to the District Court. Grounds include adultery, conversion, unsound mind, venereal disease, non-compliance, desertion, and cruelty. Marriage can be dissolved if any of the mentioned grounds apply. Wife can seek dissolution based on the husband's guilt of rape, sodomy, or bestiality.

Section 10 of HMA: Judicial separation

(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented. (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

Section 10A of the Divorce Act: Dissolution of marriage by mutual consent

(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree. Landmark Judgements : Saumya Ann Thomas vs The Union of India : Hon'ble Kerala High Court reduced the required separate residence time from two years to one year, aligning it with other divorce laws. This upheld equality and the right to life as per constitutional principles. Tomy Joseph vs Smitha Tomy : Hon'ble Kerala High Court examined whether the cooling period in Section 10A(2) of the Divorce Act, 1869, could be waived, like in Section 13B(2) the Hindu Marriage Act . It ruled that the Supreme Court's decision in Amardeep Singh vs Harveen Kaur also applies to petitions filed under Section 10A of the Divorce Act, 1869.

Section 11 of HMA: Void marriages

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5 .

Section 12 of DV: Application of Magistrate

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. (2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off. (3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto. (4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. (5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing. Bullet Points on Section 12 DV: Who Can Apply : An aggrieved person, Protection Officer, or a representative on behalf of the aggrieved person can submit an application to the Magistrate seeking relief under this Act. Magistrate's Consideration : Before making an order, the Magistrate must consider any domestic incident report from the Protection Officer or service provider. Types of Relief : The relief sought may include compensation or damages for injuries caused by domestic violence acts, without preventing the person from pursuing a separate lawsuit for compensation. Setoff of Compensation : If a court has already granted compensation or damages in favor of the aggrieved person, the amount paid under the Magistrate's order will be deducted from the court-awarded amount. Application Requirements : Every application should follow prescribed forms and include specific details. First Hearing Date : The Magistrate must schedule the first hearing within a maximum of three days from receiving the application. Timely Disposition : The Magistrate should aim to resolve applications within sixty days from the first hearing date.

Section 12 of HMA: Voidable marriages

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely: (a) that the marriage has not been consummated owing to the impotence of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground. Bullet Points on Section 12 HMA: Any marriage, whether before or after this Act, can be annulled by a decree of nullity on these grounds: Non-consummation due to respondent's impotence. Contravention of conditions in Section 5(ii). Consent obtained by force or fraud concerning the ceremony or material facts. Respondent's pregnancy by someone else at the time of marriage. Specific conditions apply: Annulment for force or fraud (clause c) not allowed if petitioner waits more than one year after discovering it or continues to live with the spouse willingly. Annulment for respondent's pregnancy (clause d) requires proving petitioner's ignorance, timely filing (within a year), and no marital intercourse since discovering the ground.

Section 125 of CrPC: Order for maintenance of wives, children and parent

(1) If any person having sufficient means neglects or refuses to maintain-- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct. Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct. Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. Explanation.--For the purposes of this Chapter, (a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each months allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made. Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.--If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wifes refusal to live with him. (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section in living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. Bullet Points on Section 125 CrPC: (1) Maintenance Order: A person neglecting or refusing to maintain certain dependent individuals can face action. Dependent individuals include: Unmaintainable wife. Minor child (legitimate/illegitimate), married or not. Adult child (legitimate/illegitimate) with physical or mental disability. Unmaintainable father or mother. A first-class Magistrate can order the person to pay a monthly allowance based on proof of neglect or refusal. The allowance is determined by the Magistrate and paid to the dependent person. Provisions for Specific Cases: If the husband of a minor female child (clause b) lacks means, he can be ordered to provide allowance until she turns an adult. During proceedings, interim maintenance can be ordered along with reasonable proceeding expenses. The application for interim maintenance should ideally be resolved within sixty days. Definitions and Explanations: "Minor" refers to a person not considered an adult under the Indian Majority Act, 1875. "Wife" includes a divorced woman who hasn't remarried. Grounds for refusal to live with a husband are considered for order issuance. Justification for refusal can include the husband's remarriage or keeping a mistress. (2) Payment of Allowance: The maintenance or interim maintenance allowance starts from the order date or the application date, as directed. (3) Non-Compliance and Consequences: If the ordered person fails to comply, a Magistrate can issue a warrant for amount recovery. Imprisonment up to one month is possible for unpaid allowances, or until payment if sooner made. Recovery warrant must be requested within a year from the due date. (4) Eligibility Criteria for Maintenance: An adulterous wife or one unreasonably refusing to live with her husband isn't entitled to maintenance. Separation by mutual consent also affects entitlement. (5) Cancellation of Order: If a wife is proven to be living in adultery or unreasonably refusing to live with her husband, the Magistrate can cancel the maintenance order. Landmark Judgements : Rajnesh vs Neha: Hon'ble Supreme Court of India issued directions for payment of interim maintenance and the criteria to be followed in determining the quantum of maintenance in matrimonial cases. The court also prescribed the format of the Affidavit of Disclosure of Assets and Liabilities to be filed by both husband and wife.

Section 127 of CrPC: Alteration in allowance.

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be. (2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. (3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-- (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,-- (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under s ection 125 , the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order. Bullet Points on Section 127 CrPC: Change in Circumstances: Magistrate can alter maintenance or interim maintenance allowance under section 125 based on changed circumstances of the recipient or payer (wife, child, parent). Civil Court Decision: If a competent Civil Court decision requires, Magistrate can cancel or modify a section 125 order. Divorce and Maintenance Orders: If a woman receiving maintenance remarries, the order is canceled from remarriage date. If the woman has received the full sum due under customary or personal law after divorce, the order is canceled accordingly. If the woman voluntarily surrenders maintenance rights after divorce, the order is canceled from that date. Recovery Decree Consideration: Civil Court considering recovery of maintenance or dowry must account for amounts paid or received under section 125 order. This section of the CrPC outlines the process for altering, canceling, or varying maintenance orders based on changed circumstances, civil court decisions, and divorce situations.

Section 13 of HMA: Divorce

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-- (i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or (ii) has ceased to be a Hindu by conversion to another religion; or (iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation .--In this clause,-- (b) the expression psychopathic disorder means a persistent disorder or disability of mind (whether or not including subnormality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or (v) has been suffering from venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order; or (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; Explanation . In this sub-section, the expression desertion means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. (2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-- (i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or (ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or (iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; (iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. Explanation . This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976). Landmark Judgements : Shilpa Sailesh Vs Varun Sreenivasan: Hon’ble Supreme Court of India held that it can exercise power under Article 142(1) to dissolve a marriage on the grounds of irretrievable breakdown, even if one of the spouses opposes the divorce.

Section 13B of HMA: Divorce by mutual consent

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. Landmark Judgements : Amardeep Singh Vs Harveen Kaur : Hon’ble Supreme Court of India held that the waiting period of six months for mutual divorce under section 13B of The Hindu Marriage Act, 1955, could be waived off and provided guidelines for waiver. Shilpa Sailesh Vs Varun Sreenivasan: Hon’ble Supreme Court of India held that it can exercise power under Article 142(1) to grant a decree of divorce by mutual consent and can bypass the provisions of section 13B of The Hindu Marriage Act, 1955.

Section 14 of HMA: No petition for divorce to be presented within one year of marriage

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year. Bullet Points on Section 14 HMA: No divorce petition allowed within 1 year of marriage unless under exceptional circumstances. Court may permit early petition presentation for hardship or depravity cases. Court can delay the effect of the decree until after one year or dismiss the petition. The interests of children are considered in divorce petition decisions. Probability of reconciliation between parties is evaluated before early divorce petitions. Landmark Judgements on Section 14 HMA: RISHU AGGARWAL vs MOHIT GOYAL : Hon'ble Delhi High Court held that: "Denial of conjugal relationship is a ground for divorce, and tantamount to cruelty, but the same cannot be said to amount to “exceptional hardship”. The exception of “exceptional hardship” or “exceptional depravity” would be attracted in extenuating circumstances, and is not intended to mean, or be treated, on the same lines as cruelty simpliciter."

Section 14 of the Family Courts Act: Application of Indian Evidence Act, 1872.

A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872) .

Section 144 of BNSS: Order for maintenance of wives, children and parent

(1) If any person having sufficient means neglects or refuses to maintain— (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Judicial Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Judicial Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Judicial Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: Provided further that the Judicial Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Judicial Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. Explanation.—For the purposes of this Chapter,— (a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 is deemed not to have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him. (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Judicial Magistrate shall cancel the order. Bullet Points on Section 144 of BNSS: Neglecting to maintain dependents: Imprisonment up to one month and fines. Categories of dependents: Wife, minor children, parents. Monthly allowance order by Judicial Magistrate for maintenance. Consideration for minor's status as per Indian Majority Act, 1875 . Allowance covers interim maintenance and expenses of proceedings. Conditional offers for maintenance considered based on refusal grounds. Adultery, refusal to live together, or mutual consent separation affects entitlement. Judicial Magistrate can cancel maintenance order on proof of adultery or refusal. Legal aim: Ensure support for dependents and equitable treatment. Upholding rights and responsibilities in familial relationships.

Section 18 of HAMA: Maintenance of wife

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time. (2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her; (b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband; (d) if he has any other wife living; (e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere; (f) if he has ceased to be a Hindu by conversion to another religion; (g) if there is any other cause justifying her living separately. (3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion. Bullet Points on Section 18 HAMA: A Hindu wife, regardless of marriage date, has the right to be financially supported by her husband during her lifetime. She can live separately from her husband without losing her claim to maintenance under specific circumstances: If he deserts her without cause or consent. If he treats her cruelly, causing her reasonable fear of harm. If he has another living wife. If he keeps a concubine in the same house or resides with one elsewhere. If he converts to another religion. For other justifiable reasons. However, she cannot claim separate residence and maintenance if she is unchaste or converts to another religion.

Section 19 of HAMA: Maintenance of widowed daughter-in-law

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law: Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance― (a) from the estate of her husband or her father or mother, or (b) from her son or daughter, if any, or his or her estate. (2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in- law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law. Bullet Points on Section 19 HAMA: A Hindu wife, whether married before or after the Act's commencement, is entitled to maintenance from her father-in-law after her husband's death. This entitlement exists when she cannot support herself with her earnings or property, and she cannot obtain maintenance from: Her husband's or her parents' estate. Her son's or daughter's estate, if applicable. The father-in-law's obligation is enforceable only if he possesses coparcenary property from which the daughter-in-law has not received any share. This obligation ends upon the daughter-in-law's remarriage. Landmark Judgements : Vimalben Ajitbhai Patel v Vatslabeen Ashokbhai Patel : “21. Maintenance of a married wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation to maintain a daughter-in-law arises only when the husband has died. Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to be enforced against such property.”

Section 19 of HMA: Court to which petition shall be presented

Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction: (i) the marriage was solemnized, or (ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or (iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

Section 19 of the Family Courts Act: Appeal

(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. (2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974): Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991 (59 of 1991). (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court. (4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. (5) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a Family Court. Landmark Judgements on Section 19 Family Courts Act: Shri Shivram Dodanna Shetty vs Sou. Sharmila Shivram Shetty : For an appeal filed under sub-section (1) of Section 19 of the Family Courts Act, 1984, period of limitation prescribed under sub-section (4) of Section 28 of the Hindu Marriage Act, 1955 shall apply.

Section 2 of Dowry Prohibition Act: Definition of “dowry”

In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation --The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860) . Bullet Points on Section 2 of Dowry Prohibition Act: Definition of Dowry: Dowry, as defined in this Act, encompasses any property or valuable security given directly or indirectly in the context of marriage. Parties Involved: The property or security can be given by one party to the marriage to the other party or by the parents of either party to the marriage or by any other person. Timing: Dowry can be given at the time of the marriage or at any point thereafter related to the marriage. Exclusions: However, it does not include dower or mahr when the Muslim Personal Law (Shariat) applies to the individuals. Valuable Security: The term "valuable security" holds the same meaning as defined in section 30 of the Indian Penal Code (45 of 1860) .

Section 20 of HAMA: Maintenance of children and aged parents

(1) Subject to the provisions of this section a Hindu is bound, during his or her life-time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. (3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. Explanation .―In this section "parent" includes a childless step-mother. Bullet Points on Section 20 HAMA: A Hindu is obligated to provide maintenance to their legitimate or illegitimate children and their aged or infirm parents during their lifetime. Legitimate or illegitimate children can claim maintenance from their father or mother as long as they are minors. The responsibility to maintain aged or infirm parents or unmarried daughters extends as long as they cannot support themselves with their own earnings or property. The term "parent" in this section also includes childless stepmothers.

Section 21 of HAMA: Dependants defined

For the purposes of this Chapter "dependants" mean the following relatives of the deceased:-- (i) his or her father; (ii) his or her mother; (iii) his widow, so long as she does not re-marry; (iv) his or her son or the son of his predeceased son or the son of a predeceased son of his pre-deceased son, so long as he is a minor: provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his fathers or mothers estate, and in the case of a great-grandson, from the estate of his father or mother or fathers father or fathers mother;-- (v) his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried: provided and to the extent that she is unable to obtain maintenance, in the case of a grand-daughter from her fathers or mothers estate and in the case of a great-grand-daughter from the estate of her father or mother or father's father or fathers mother; (vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance-- (a) from the estate of her husband; or (b) from her son or daughter if any, or his or her estate; or (c) from her father-in-law or his father or the estate of either of them; (vii) any widow of his son or of a son of his predeceased son, so long as she does not re-marry: provided and to the extent that she is unable to obtain maintenance from her husbands estate, or from her son or daughter, if any, or his or her estate; or in the case of a grandsons widow, also from her father-in-laws estate; (viii) his or her minor illegitimate son, so long as he remains a minor; (ix) his or her illegitimate daughter, so long as she remains unmarried. Bullet Points on Section 21 HAMA: "Dependants" in this chapter refer to specific relatives of the deceased, including: His or her father. His or her mother. His widow, as long as she remains unmarried. His son, grandson (from his son's estate), or great-grandson (from his father's or mother's estate) if they are minors and unable to obtain maintenance. His unmarried daughter, granddaughter (from her father's or mother's estate), or great-granddaughter (from her father's, mother's, father's father's, or father's mother's estate) if they remain unmarried and unable to obtain maintenance. His widowed daughter, provided she cannot obtain maintenance from her husband, son or daughter, father-in-law, or their estates. Any widow of his son or a son of his predeceased son, as long as she doesn't remarry, and if she cannot obtain maintenance from her husband's estate, son or daughter, or in the case of a grandson's widow, from her father-in-law's estate. His minor illegitimate son, as long as he remains a minor. His illegitimate daughter, as long as she remains unmarried.

Section 22 of HAMA: Maintenance of dependants

(1) Subject to the provisions of sub-section (2), the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased. (2) Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate. (3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her. (4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act. Bullet Points on Section 22 HAMA: The heirs of a deceased Hindu are responsible for providing maintenance to the deceased's dependants using the estate they inherit from the deceased. If a dependant hasn't received a share in the deceased's estate through will or intestate succession, they are entitled to maintenance from those who do inherit the estate. The liability of each inheritor for providing maintenance is proportional to the value of the estate they receive. However, if a person is themselves a dependant and receives a share in the estate that's less than what they would be awarded for maintenance under this Act, they are not obligated to contribute to the maintenance of others.

Section 23 of HAMA: Amount of maintenance

(1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable. (2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged on infirm parents under this Act, regard shall be had to-- (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately, whether the claimant is justified in doing so; (d) the value of the claimants property and any income derived from such property, or from the claimant's own earnings or from any other source; (e) the number of persons entitled to maintenance under this Act. (3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act, regard shall be had to-- (a) the net value of the estate of the deceased after providing for the payment of his debts; (b) the provision, if any, made under a will of the deceased in respect of the dependant; (c) the degree of relationship between the two; (d) the reasonable wants of the dependant; (e) the past relations between the dependant and the deceased; (f) the value of the property of the dependant and any income derived from such property; or from his or her earnings or from any other source; (g) the number of dependants entitled to maintenance under this Act. Bullet Points on Section 23 HAMA: The court has discretion to decide the amount of maintenance under this Act and considers factors in sub-section (2) or (3). When determining maintenance for a wife, children, or aged or infirm parents, the court considers: Parties' positions and statuses. Claimant's reasonable needs. Justification for living separately. Claimant's property value, income, and other sources. Number of entitled claimants. When determining maintenance for a dependent, the court considers: Net value of the deceased's estate after paying debts. Provisions in the deceased's will. Relationship degree. Dependant's reasonable needs. Past relations between the dependant and the deceased. Dependant's property value, income, and other sources. Number of dependants entitled to maintenance.

Section 24 of HMA: Maintenance pendente lite and expenses of proceedings

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be reasonable. Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.

Section 25 of CPC: Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State. (2) Every application under this section shall be made by a motion which shall be supported by an affidavit. (3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it. (4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case. (5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.

Section 25 of HMA: Permanent alimony and maintenance

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondents own income and other property, if any, the income and other property of the applicant the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. (3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

Section 26 of HMA: Custody of children

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made: Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent. Bullet Points on Section 26 HMA: Court can issue interim orders and decree provisions for child custody, maintenance, and education. Children's preferences are taken into account. Post-decree, court can modify orders via petition. Previous orders related to children can be revoked, suspended, or altered. Application for child maintenance and education ideally resolved within sixty days from respondent notice.

Section 27 of HMA: Disposal of property

In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.

Section 28 of HMA: Appeals from decrees and orders

(1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. (2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction. (3) There shall be no appeal under this section on the subject of costs only. (4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order Bullet Points on Section 28 HMA: Decrees and orders under the Act can be appealed based on original civil jurisdiction. Orders under sections 25 and 26 are appealable except for interim orders. Appeals must be filed within ninety days from the decree or order date.

Section 3 of Dowry Prohibition Act: Penalty for giving or taking dowry.

(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more: Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years. (2) Nothing in sub-section (1) shall apply to, or in relation to,-- (a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf): Provided that such presents are entered in a list maintained in accordance with the rules made under this Act; (b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf): Provided that such presents are entered in a list maintained in accordance with the rules made under this Act: Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given. Bullet Points on Section 3 of Dowry Prohibition Act: Post-commencement of the Act, giving, taking, or abetting dowry is punishable. The penalty includes imprisonment for a minimum of five years and a fine, either 15,000 rupees or the dowry's value, whichever is higher. Court can reduce the imprisonment term for valid reasons. Exceptions include presents given during a wedding to the bride or bridegroom without prior demand if listed as per rules . Customary nature and reasonable value are required for presents made by or on behalf of the bride or her relatives.

Section 304B of IPC: Dowry Death

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Explanation. For the purposes of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. Bullet Points on Section 304B IPC: Section 304B defines "dowry death" as a woman's demise within seven years of marriage due to injury or abnormal circumstances caused by cruelty related to dowry demands, leading to imprisonment. The person responsible for such a death is considered to have caused it. "Dowry" holds the same meaning as defined in the Dowry Prohibition Act, 1961. The offender of dowry death faces a minimum of seven years' imprisonment, extendable to life. Landmark Judgements on Section 304B IPC: Charan Singh @ Charanjit Singh Vs The State of Uttarakhand : Hon'ble Supreme Court held "Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC".

Section 306 of IPC: Abetment of suicide.

If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Bullet Points on Section 306 IPC: Suicide abetment is a criminal offense. Punishment for abetting suicide can include imprisonment. The imprisonment term may extend up to ten years. Those abetting suicide can also face fines.

Section 311 of CrPC: Power to summon material witness, or examine person present.

Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. Bullet Points on Section 311 CrPC: Section 311 of the Indian Code of Criminal Procedure empowers any court at any stage of an inquiry, trial, or proceeding to: Summon a person as a witness. Examine a person present, even if they were not initially summoned as a witness. Recall and re-examine any person who has already been examined. The court is obligated to summon, examine, or recall and re-examine any person if their evidence is deemed crucial for a just decision in the case.

Section 34 of IPC: Acts done by several persons in furtherance of common intention.

"When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone." On July 1, 2024, the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC). Section 34 of the IPC is now Section 3(5) of the BNS . Any offence committed before July 1, 2024, will be governed by the IPC, and any offence committed on or after July 1, 2024, will be governed by the BNS.

Section 4 of Dowry Prohibition Act: Penalty for demanding dowry.

If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. Bullet Points on Section 4 of Dowry Prohibition Act: Anyone who demands dowry, directly or indirectly, from the parents, relatives, or guardian of a bride or bridegroom can face punishment. Punishment includes imprisonment for a minimum of six months, extendable up to two years, and a fine up to ₹10,000. The Court has the discretion to reduce the prison term if it cites sufficient and exceptional reasons in the judgment.

Section 498A of IPC: Husband or relative of husband of a woman subjecting her to cruelty

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purposes of this section, 'cruelty' means— (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand." Bullet Points on Section 498A IPC: Section 498A prosecutes husbands or relatives causing cruelty, encompassing harm, harassment, with penalties of imprisonment and fine. The law holds both husband and relatives accountable for such behavior. "Cruelty" includes conduct likely to prompt suicide or cause severe physical or mental harm. "Cruelty" also encompasses harassment to coerce fulfilling unlawful property demands. Punishment includes imprisonment up to three years and a monetary penalty. Landmark Judgements on Section 498A IPC: ARNESH KUMAR Vs STATE OF BIHAR & ANR : Hon'ble Supreme Court issued specific directions to law enforcement agencies for making arrest under section 498A IPC. Police officers are now required to carefully assess the necessity of arrest, document reasons and materials, and communicate the decision not to arrest to the magistrate promptly. Failure to comply with these directions may result in departmental actions and contempt charges.

Section 4A of Dowry Prohibition Act: Ban on advertisement.

If any person-- (a) offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative, (b) prints or publishes or circulates any advertisement referred to in clause (a), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees: Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months. Bullet Points on Section 4A of Dowry Prohibition Act: Prohibits offering shares in property or money for marriage through advertisements. Imposes imprisonment of 6 months to 5 years or a fine up to ₹15,000 rupees for violators. Court discretion for lesser imprisonment with recorded reasons.

Section 5 of HMA: Conditions for a Hindu marriage

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: (i) neither party has a spouse living at the time of the marriage; (ii) at the time of the marriage, neither party (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity; (iii) the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

Section 6 of Hindu Minority and Guardianship Act: Natural guardians of a Hindu minor.

The natural guardians of a Hindu minor; in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are-- (a) in the case of a boy or an unmarried girl--the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; (b) in the case of an illegitimate boy or an illegitimate unmarried girl--the mother, and after her, the father; (c) in the case of a married girl the husband: Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-- (a) if he has ceased to be a Hindu, or (b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi). Explanation .--In this section, the expressions "father" and "mother" do not include a step-father and a step-mother. Bullet Points on Section 6 of Hindu Minority and Guardianship Act : Natural guardians of a Hindu minor for their person and property: For boys and unmarried girls: Father followed by mother; custody with mother for minors under five. For illegitimate boys and girls: Mother followed by father. For married girls: Husband. Conditions for eligibility as a natural guardian: Must be Hindu. Must not have renounced the world as a hermit or ascetic. Step-parents are not included in the definitions of "father" and "mother" in this context.

Section 65B of Evidence Act: Admissibility of electronic records.

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:-- (a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities. (3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether-- (a) by a combination of computers operating over that period; or (b) by different computers operating in succession over that period; or (c) by different combinations of computers operating in succession over that period; or (d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly. (4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, -- (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. (5) For the purposes of this section, (a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; -- (b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities; (c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. Explanation. -- For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process. Bullet Points on Section 65B of Evidence Act: Section 65B deals with the admissibility of electronic records in legal proceedings. Any information in an electronic record, printed on paper or stored on optical or magnetic media produced by a computer (referred to as computer output), is deemed a document under certain conditions. Such electronic records are admissible as evidence in proceedings without the need for further proof or the original. Conditions for admissibility include that the computer output was produced during regular use for specific activities, information was regularly fed into the computer for those activities, the computer operated properly during the relevant period, and the information reproduces data fed into the computer for those activities. If multiple computers are used over a period for storing or processing information for the same activities, they are treated as a single computer. A certificate signed by a responsible official describing the electronic record's production, devices involved, and related conditions is evidence of the matters stated in the certificate. Information is considered supplied to a computer if provided in any appropriate form, either directly or with equipment. A computer output is considered produced by a computer, whether directly or with human intervention. Any reference to information being derived from other information involves processes like calculation or comparison.

Section 80 of BNS: Dowry Death

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in sec tion 2 of the Dowry Prohibition Act, 1961 . (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. Bullet Points on Section 80 BNS: A woman's death caused by burns, bodily injury, or under abnormal circumstances within seven years of marriage can be classified as a "dowry death." The death must be linked to cruelty or harassment by the woman's husband or relatives in connection with dowry demands. The term "dowry" carries the same meaning as defined in section 2 of the Dowry Prohibition Act, 1961. Individuals responsible for dowry deaths can be sentenced to a minimum of seven years in prison, with a possibility of life imprisonment.

Section 81 of BNS: Cohabitation caused by man deceitfully inducing belief of lawful marriage

Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Bullet Points on Section 81 BNS: Deceitful actions leading to false belief of marriage in an unmarried woman Coercing the woman to cohabit or engage in sexual intercourse Punishment: Imprisonment up to ten years Additional liability: Fine

Section 82 of BNS: Marrying again during lifetime of husband or wife

(1) Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.—This sub-section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. (2) Whoever commits the offence under sub-section (1) having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Bullet Points on Section 82 BNS: Marrying during spouse's life: Up to 7 years' imprisonment and fines. Exceptions: Previous marriage declared void by court, or marrying after 7 years' absence. Concealing former marriage: Up to 10 years' imprisonment and fines.

Section 83 of BNS: Marriage ceremony fraudulently gone through without lawful marriage.

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine Bullet Points on Section 83 BNS: Fraudulent Marriage Act: Engaging in a marriage ceremony with fraudulent intent, aware that the marriage isn't legally valid. Penalty: Punishable by imprisonment up to seven years. Additional Consequence: The individual may also be fined for their deceptive actions.

Section 84 of BNS: Enticing or taking away or detaining with criminal intent a married woman.

Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both Bullet Points on Section 84 BNS: Enticement or Detention of Married Woman: Taking, enticing, or detaining a woman who is known to be married with the intention of facilitating illicit relations is a punishable offense. Penalties: Those found guilty can face imprisonment for up to two years, a fine, or both, as determined by the court.

Child Custody to Mother: Ensuring the Best Interest of the Child

In a recent landmark judgment, the High Court of Madhya Pradesh granted child custody to the mother, emphasizing the paramount consideration of the child’s welfare. The case of Smt. Shweta Jariya v. Upendra Jariya highlights the importance of entrusting custody to the natural guardian, the mother, when determining the child’s best interest during divorce proceedings.

Table of Contents

Background

Smt. Shweta Jariya and Upendra Jariya’s marriage faced turbulent times, leading to Upendra filing for divorce in 2022. The couple had two children together – a daughter named Mukta and a son named Dhruv. During the ongoing divorce proceedings, Upendra took custody of their son and placed him with his sister in Badwani, while Smt. Shweta resided in Indore. Smt. Shweta filed an application filed under Section 26 of Hindu Marriage Act, 1955 for custody of her son, which was rejected by the Family Court and hence, she filed the present appeal before High Court of Madhya Pradesh.

The Mother's Plea

After hearing both sides and interacting with the child, the High Court recognized the significance of the mother-child bond. The court acknowledged that the mother’s role as the natural guardian and the child’s primary caregiver was crucial for his well-being. Considering the child’s young age and the presence of his elder sister in Indore, the court concluded that the child’s best interest would be served by granting custody to the mother, Smt. Shweta.

Empowering the Mother as the Natural Guardian

The court’s decision reinforces the importance of recognizing the mother as the natural guardian, especially when determining child custody. It highlights the mother’s nurturing role and ability to provide a loving and stable environment for the child’s growth and development. By prioritizing the child’s well-being, the court upheld the mother’s rights and responsibilities in ensuring the child’s future.

Conclusion

The judgment in Smt. Shweta Jariya v. Upendra Jariya underscores the significance of child custody decisions that prioritize the child’s best interest. By granting custody to the mother as the natural guardian, the court affirms the mother’s role in nurturing and shaping the child’s life. The ruling empowers mothers and acknowledges their crucial role in securing a bright future for their children.

Background

The Mother's Plea

Empowering the Mother as the Natural Guardian

Conclusion

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