Kastoori Devi v/s Chiranji Lal, AIR 1960 ALL 446

CaseSmt. Kastoori Devi v/s Chiranji Lal, AIR 1960 All 446
CourtBefore the Allahabad High Court
Case NumberCivil Revn. No. 223 of 1957
BenchJustice SS Dhavan
Decided OnOctober 19, 1959
Advocate for the appellantMr Gayanendra Kumar
Advocate for the respondentMr SBL Gaur
Author of the BriefAditya Gor

Synopsis of the Judgement:

The present decision given by the single judge bench of Allahabad High Court concerns itself with an important question under the law. Plaintiff is a wife of the respondent who had married to another woman. He at the primary stage entered into an agreement to pay maintenance to the wife but subsequently stopped doing so. He contended before the court that the agreement was obtained under coercion and that he was not the husband of the plaintiff. The trial court held that there was no valid marriage in the present case as the ceremonies were not completed and moreover the Hindu Law does not recognize inter-caste marriages. This decision of the trial court was erroneous according to the High Court. The trial court restricted itself to the commentaries of the law but the High Court held that there should be more importance given to the words of law giver then the commentators. The High Court allowed the revision appeal and decreed the suit in favor of the plaintiff.

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Sarla Mudgal v Union of India(1995): Second marriage is invalid unless and until first marriage is dissolved.

CaseSarla Mudgal v Union of India, AIR 1995 SC 1531
CourtBefore Supreme Court of India
BenchJustice Kuldip Singh and Justice R M Sahai
Author of the judgementJustice Kuldip Singh
Decided On10th May 1995
AbstractIn the present case, the court held that the second marriage would be invalid unless and until the first marriage is dissolved by decree under the Hindu marriage act. According to the factual matrix, the husband has converted himself to Muslim religion from Hindu Religion and observed polygamy. There is no punishment prescribed for such acts. But the court in the interpretation of section 494 of Indian Penal Code held that such marriages are invalid as it does not serve the purpose behind the enactment.
Author of the BriefParth Oberoi
KeywordsHindu Marriage Act, Polygamy, Monogamy, Indian Penal Code.

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Narayan Ganesh Dastane v. Sucheta Narayan Dastane(1975): Five Tests laid down by the Supreme Court to identify Cruelty.

CaseNarayan Ganesh Dastane v. Sucheta Narayan Dastane, AIR 1975 1534
CourtBefore the Supreme Court of India
BenchChandrachaud, Y.V.
Goswami, P.K.
Untwalia, N.L.
Author of the JudgmentChandrachaud, Y.V.
Decided On 19/03/1975
Counsel for petitionersV.M. Tarkunde
S. Bhandare
P.H. Parekh
Manju Jaitley
Counsel for RespondentV.S. Desai
S.B. Wad
Jayashree Wad
Author of the briefAiswarya Suresh
KeywordsS. 10(1)(b) and S. 23(1), Hindu Marriage Act;
Cruelty; Burden of proof in matrimonial cases; condonation of cruelty; conditional nature of condonation of cruelty; revival of cruelty; whether sexual intercourse amounts to condonation; S. 100 and S. 103, CPC; Power of High Court; Second appeal; Section 3, Evidence Act

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Pinninti Venkataramana & Anr. v. State of Andhra Pradesh (1977): Child Marriages are valid marriages.

CasePinninti Venkataramana & Anr. v. State of Andhra Pradesh, AIR 1977 AP 43
CourtBefore Andhra Pradesh High Court
BenchB Divan, C.J., A Kuppuswami, Muktadar, JJ.
Author of the judgmentB Divan, J.
Relevant LawsHindu Marriage Act, 1955, Indian Penal Code, 1860, Child Marriage Restraint Act, 1929.
Decided on 09.08.1976
AbstractIn the present case, the court held that child marriages are not void or voidable. They are completely valid. Hindu Marriage Act prescribes for only some kind of punishment for such marriages.
Author of the briefDarshan Patankar, Student at Gujarat National Law University.
KeywordsHindu Marriage Act, Child Marriage, Indian Penal Code,

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Raj Talreja v. Kavita Talreja(2017): Supreme Court on Mental Cruelty.

Case NameRaj Talreja v. Kavita Talreja
CourtBefore the Supreme Court of India
BenchA.K.Goel, Deepak Gupta, JJ.
Author of the judgementDeepak Gupta, J.
Counsel for AppellantMr. Gaurav Agrawal
Counsel for RespondentMs. Vibha Datta Makhija
Date of Judgement24.04.2017
AbstractIn the present case, there were false allegations made by the wife against the husband. Placing reliance on precedents, the court held that this amounts to mental cruelty for the spouse and can be a ground for divorce under the Hindu Marriage Act. The court has in detail discussed about the concept of mental cruelty in the instant case. The Honourable Supreme Court has also set aside the decisions of both trial court and the supreme court.
Author of the briefDarshan Patankar, Student at Gujarat National Law University.
KeywordsHindu Marriage Act, Divorce, Mental Cruelty.

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