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Monday, April 29, 2013

PERSONAL, FAMILY LAW AND RATIO DECIDENDI

Child born in illegitimate relationship or void marriage is entitled to all right which are given to other children born in valid marriage.
Revanasiddappa and Another Vs Mallikarjun and others. [(2011)11 SCC 1]

Adoption son cannot marry within prohibited degrees of relationship from both the natural family and his adopted family.
Diyyala Gopala Krishna Murthy Vs Pullagura Dhanalakshamma, [(2010) 15 SCC 125]

Cruelty dependent upon social status, milieu, way of life, relationship, temperaments and emotions.
Vishwanath S/o Sitaram Agrawal Vs Sau. Sarla Vishwanath Agrawal [AIR 2012 SC 2586 ­­= (2012)7SCC288]

Repeated threats to commit suicide amounted to cruelty. The treatment of a spouse in a way as to create reasonable apprehension in his mind the harmful or injurious for him to leave with other party is a cruelty.
Pankaj Mahajan Vs. Dimple @ Kajal [(2011)12SCC1]

Physical violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty. Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.
Naveen Kohli Vs Neelu Kohli [AIR 2006 SC 1675 = (2006) 4 SCC 558]

Maintenance amount should enable wife to leave in reasonable comfort as she used to leave with her husband. Amount fixed should not be excessive to effect living condition of other party.
Vinny Parmvir Parmar Vs Parmvir Parmar [(2011)13 SCC 112]

Prepared by: S. Hemanth

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