Category: hindu law

No Widow Pension To A Woman Who Performs ‘Kareva Marriage’ After Death Of Her Husband: P&H HC

The P&H High Court has held that the Woman who performs ‘Kareva Marriage’ after the death of her husband is not entitled to grant of pension under the Haryana Pension to Widows and Destitute Women Scheme. What is Karewa Marriage? Karewa marriage is a type of widow marriage which is mostly prevalent in Haryana and…
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July 11, 2020 0

Essentials Of Valid Adoption: Section 6 to 11 HAMA, 1956

Section 6 of the Hindu Adoption & Maintenance Act (HAMA), 1956 talks about “Requisites valid adoption”. Essentials of valid adoptions under Section 6 HAMA, 1956 are as follows:- (i) Person adopting shall have capacity to adopt; (Section 7 & 8 of HAMA, 1956) (ii) Person giving in adoption shall have capacity to do so; (Section…
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July 5, 2020 0

Refusal To Wear “Sakha & Sindoor” Shows Unwillingness Of Wife To Continue Marriage: HC

Husband: Appellant Wife: Respondent Facts of the case: Matrimonial appeal has been filed by the appellant husband being aggrieved by the Family Court, which dismissed the suit for divorce preferred by the appellant husband. After marriage, the Husband & Wife started their conjugal life in the matrimonial house of the appellant. After about a month…
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July 2, 2020 0

Consent Of First Wife Will Not Make Second Marriage Valid: HC [Read Judgment]

Case name: Binod Kumar Singh v. Union of India Case number: Civil Writ Jurisdiction No. 8078 of 2007 Read Complete Judgment Click Here Before, we discuss the details of the case let us first understand Section 5(i) of Hindu Marriage Act 1955. Section 5(i) of Hindu Marriage Act says:- A marriage may be solemnized between…
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June 16, 2020 0

Husband Is Liable To Pay Maintenance To Wife When Marriage Is Invalidated Due To His Fault: SC

T K Surendran vs P Najima Bindu (2019) Read Complete Judgment Click Here The Special Leave Petition was filed before the Supreme Court regarding question of law that the marriage which is annulled under Section 12 of Hindu Marriage Act (i.e., Voidable marriage), then whether a wife can claim maintenance under Section 125 of Cr.P.C?…
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June 15, 2020 0

Mere Registration Of An Agreement Of Marriage Is Not Enough To Prove Marriage: SC [Read Judgment]

Case Name: Rathnamma & others (Appellant) Vs. Sujathamma & others (Respondent) Case No.: Civil Appeal No. 3050 of 2010 Before: Supreme Court [Bench of Justice L. Nageswara Rao and Justice Hemant Gupta] Facts: 1. Sonnappa died during the pendency of the suit leaving behind two sons and three daughters. Appellant are the legal heirs of…
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June 14, 2020 0