Search Results for "Maintenance"

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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"Supreme Court Upholds Intra-State Prison Transfer of Convict to Ensure Safety and Security" "Balancing prisoner rights with prison security: A landmark ruling by the apex court."

The Supreme Court of India overturned the Jharkhand High Court's order, thereby restoring the intra-state transfer of the respondent, a life convict, ...

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"Supreme Court Ensures Hygiene in Justice: Mandates Separate Toilets in All Courts" "Ensuring dignity and basic hygiene under Article 21, the Supreme Court elevates the justice system with essential sanitation reforms."

The judgment emphasizes the duty of states under Articles 21, 47, and 48A to ensure hygienic toilet facilities for all genders in court premises. The ...

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"Supreme Court Restores Wife's Right to Maintenance Despite Decree for Restitution of Conjugal Rights." "Wife’s dignity and justified refusal outweigh procedural compliance under Section 125(4) Cr.P.C."

The case discusses whether a husband, having secured a decree for restitution of conjugal rights, can deny maintenance to his wife under Section 125(4...

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Supreme Court Upholds Cancellation of Gift Deed in Favor of Son for Non-Maintenance of Elderly Mother.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Gift Deed Condition Breach – Tribunal’s Power to Order Possession Restoration...

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Supreme Court Dismisses Appeal by Appellant Seeking Interference with Favorable High Court Order. The Apex Court declines to interfere with an order restoring a Section 125 CrPC petition, citing no grounds for interference and directing adherence to due process in the Family Court.

Acts and Sections Discussed: Criminal Procedure Code (CrPC), 1973: Section 125: Maintenance to wife. Section 482: Inherent powers of the High...

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Supreme Court Grants Irretrievable Breakdown Divorce and Permanent Alimony in Landmark Decision. Balancing Equity and Financial Security in Matrimonial Disputes.

The Supreme Court of India, addressed significant issues in matrimonial law, including interim maintenance, permanent alimony, and divorce under the ...

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"Supreme Court Calls for Larger Bench to Resolve Conflicting Judgments on Hindu Female Property Rights" "Section 14 of the Hindu Succession Act faces judicial scrutiny amidst divergent interpretations of women’s property rights."

The judgment highlights the interplay between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956, focusing on the property rights of a Hindu f...

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"Maintenance under PWDV Act: Divorced Wife Entitled to Relief for Past Domestic Violence" "Supreme Court affirms relief under PWDV Act for acts of domestic violence committed during domestic relationships, irrespective of divorce."

This judgment clarifies that even after a decree of divorce, a wife is entitled to relief under the Protection of Women from Domestic Violence Act, 20...