LegalSeva

A huge relief has come for people fed up with their divorce battles and thinking of separating mutually and gracefully from a failed marriage which is definitely Mutual Divorce. Even 6 months period has been made discretionary in the hands of District or Session Judge who can strike off this cooling period and grant divorce there and then. In Amardeep Singh vs. Harveen Kaur, SLP (c) 111587 of 2017, SC Judge Adarsh Goel, pronounced this relief. Judgment can be accessed here- http://www.livelaw.in/six-months-waiting-period-in-section-13b2-of-hindu-marriage-act-for-divorce-by-mutual-consent-not-mandatorysc-read-judgment/

Protection Petition in High Court Our Constitution permits us as an individual citizen of legally valid age i.e. 21 for boy and 18 for girl to get married to a person of own choice irrespective of caste, creed, colour, sex or ethnicity. But this should never be construed as an encouragement to get eloped or run away. Marriages in India are sacrament and mean to last lifetime but this isn’t a case any longer. We know it very well; what is happening in marriages nowadays. So one must decide carefully be it love marriage or arranged marriage. Then there is DDLJ , an epic movie that has encouraged many couples to follow their heart and get married to one they love. It’s perfectly Ok to me. But not everyone is like  Amrish Puri who will give his daughter’s hand to someone on a moving train and  say, ”Run Simran, Run”. What if from boy’s side, Anupam Kher also don’t support his son’s decision and is not a co-passenger in the same moving train? CAUTION! Dang...

IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION  CIVIL APPEAL NO. 11158 OF 2017  (Arising out of Special Leave Petition (Civil)No. 20184 of 2017)  Amardeep Singh …Appellant  Versus Harveen Kaur …Respondent  J U D G M E N T ADARSH KUMAR GOEL, J. 1. The question which arises for consideration in this appeal is whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 (the Act) for a motion for passing decree of divorce on the basis of mutual consent is mandatory or can be relaxed in any exceptional situations. 2. Factual matrix giving rise to this appeal is that marriage between the parties took place on 16th January, 1994 at Delhi. Two children were born in 1995 and 2003 respectively. Since 2008 the parties are living separately. Disputes between the parties gave rise to civil and criminal proceedings. Finally, on 28th April, 2017 a settlement was arrived at to resolve all the ...

1 Suo moto: own motion 2 Deeming fiction cannot be stretched beyonyd the purpose for which it is created 3 The words used in Law are not used for nothing 4 To invoke Provision : To make use of particular provision 5 Ipso Facto: By this fact alone or because of this matter alone 6 'MAY' may be treated as 'SHALL' but 'SHALL' shall not be treated as 'MAY' 7 Tenable: Acceptable in law 8 Redundant Provision : Out of Force or Outdated Provision 9 Quasi : Almost Similar to 10 Quasi Criminal: Almost equal to criminal 11 Jurisprudence: Law relating to particular matter 12 Mensrea: Guilty Mind 13 Ibid: As printed earlier 14 Suo Moto: On its own 15 Prima Facie: On its face 16 Non est: What is not in existence / Non existing thing 17 Call in question: To challenge 18 De Nova: Completely New 19 Sine quo non: Most essential thing 20 Purposes of this Act: Proceeding must be pending 21 Reason to believe Vs Reason to suspect: Refer various caselaws 2...

It is clear, therefore, that if after the filing of an execution petition in time, the decree-holder dies and his legal representatives do not come on record - or the judgment-debtor dies and his legal representatives are not brought on record, then there is no abatement of the execution petition. If there is no abatement, the position in the eye of law is that the execution petition remains pending on the file of the execution court. If it remains pending and if no time limit is prescribed to bring the legal representatives on record, in execution proceedings, it is open in case of death of the decree-holder, for his legal representative to come on record at any time. The execution application cannot even be dismissed for default behind the back of the decree-holder's legal representatives. In case of death of the judgment-debtor, the decree- holder could file an application to bring the legal representatives of the judgment-debtor on record, at any time. Of course, in case of de...

The Supreme Court, in Tata Cellular v. Union of India (1994) 6 SCC 651 was concerned with the extent of judicial review of decisions bona fide arrived at in tender cases and on a review of case law it was inter alia held that:- (i) there are inherent limitations in exercise of power of judicial review; (ii) judicial review is a great weapon in the hands of the judges; but the judges must observe the constitutional limits set by our parliamentary system upon the exercise of this beneficent power; (iii) the restraint has two contemporary manifestations - one is the ambit of judicial intervention; the other covers the scope of the court's ability to quash an administrative decision on its merits; (iv) these restrains bear the hallmarks of judicial control over administrative action; (v) judicial review is concerned with reviewing not the merits of the decision in support of which the application for judicial review is made, but the decision-making process itself; (vi) unless th...