Irretrievable breakdown of marriage: The continuance of marriage shall only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by the law. It cannot be expected by the husband to now continue in a marital bond with the wife, a partner who had filed and fought a false case against her husband and in-laws
Section 42 of the Partnership Act, 1932: In the case of a firm with more than two partners, if one of the partners dies or retires, there is change in the constitution of the firm but there is no dissolution
A wife can always apply for passport without the permission or signature of the husband in any form. The practice of insisting for permission from the husband to apply for passport, does not augur well for a society which is moving towards woman's emancipation. This practise is nothing short of male supremacism.
Whether the wife can object to the husband relying on WhatsApp chats on the ground that the husband installed an application in wife’s mobile, without her consent, and infringed her rights to privacy. The wife argued since the evidence has been collected by illegal means, the husband cannot be allowed to rely upon such evidence and such evidence is inadmissible in evidence and also that the evidence collected by husband is in violation of Section 43, 66 & 72 of the Information Technology Act.
In proceedings arising out of matrimonial discord, there is tendency of wife to implicate the husband and his family members in the web of crime. The police complaint is considered in such matters as the only panacea to teach lesson to the family members of the husband. As such, only out of ulterior motive to settled personal score wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband has to face the agony of criminal trial, when no prima facie case is made out against them
Registration of a document gives notice to the world that such a document has been executed is not to confer an unimpeachable validity on all such registered documents. An unregistered sale agreement does not confer valid title
Consumer Complaints: The authority responsible for the housing scheme is liable to refund the principal amount with interest to aggrieved homebuyers in cases of delay or non-delivery delay but is not liable to compensate the homebuyer for the interest on the loan taken for purchase of the property
Section 498A & 34 IPC: growing tendency to misuse legal provisions has time and again been condemned by this Court. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.
If the Court is satisfied that the parties have mutually agreed for dissolution of their marriage, then they should be allowed to present a divorce petition under Section 13-B of the Hindu Marriage Act, 1955 prior to lapse of period of one year.
Registration of property does not mean the person is the owner. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as well as registration charges/fee are paid.