Prolonged separation of parties amounting to irretrievable breakdown of marriage falls within the ambit of "mental cruelty" under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Where mar..

Under Section 125 CrPC, a wife cannot claim maintenance if her own acts or omissions, or those of her family members, cause or contribute to the husband's incapacity to earn. Granting mainte..

To establish an offence under Section 498A IPC, the prosecution must prove cruelty beyond reasonable doubt with specific instances of torture inflicted with intent to cause grave injury or d..

Division Bench order granting maternity leave for third child, based on Supreme Court precedent in Umadevi v. Government of Tamil Nadu, operates in rem and establishes a binding legal princi..

Lawyers have no right to go on strike, give a call for boycott, or observe even a token strike. Lawyers abstaining from work hold litigants to ransom and directly violate the constitutional ..

The proviso to Section 14(1), Hindu Marriage Act, 1955, permits waiver of the one-year period under Section 13-B(1) where the marriage was never consummated, parties lived separately since i..

Statement "go away and die" made during a heated quarrel lacks the necessary mens rea to attract Section 306 IPC (Abetment of Suicide). Casual words uttered in the spur of the moment, withou..

Levelling unproven accusations of adultery against a wife constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and negates the husband's claim of desertion. Serious ..

When signatures on a Will are not disputed but execution is challenged on lack of free will and consent, expert handwriting opinion is unnecessary. However, admission of signatures does not ..

Prosecution under Section 138 of the Negotiable Instruments Act, 1881, fails where privity of contract and legal debt are not established. Partners cannot be prosecuted without specific aver..

Endorsement "Not Negotiable" merely restricts transferability of title under Section 130 of the Negotiable Instruments Act but does not extinguish the drawer's liability or negate the instru..

An ad-interim mandatory injunction directing status quo ante cannot be granted without assigning justifiable reasons and recording a prima facie finding to restore status quo ante. Interim m..