Family Law

  • No Bar to Inter-Caste Marriage under Hindu Marriage Act

    The Supreme Court ruled that adults are free to marry as they choose, regardless of caste, and inter-caste marriages should not lead to harassment or violence. The court condemned caste-based discrimination and violence, emphasizing that severe punishment is warranted for those committing such acts. Authorities are directed to protect and not harass individuals in such…

  • SC on Principles to Prove the Validity & Execution of Will

    Relying on H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426 (3Judge Bench), Bhagwan Kaur v. Kartar Kaur, (1994) 5 SCC 135 (3Judge Bench), Janki Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91(2Judge Bench) Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh, (2009) 4 SCC 780 (3Judge Bench) and Shivakumar…

  • Coparcenary under Mitakshara School of Hindu Law

    According to the Mitakshara School of Hindu Law all the property of a Hindu joint family is held in collective ownership by all the coparceners in a quasi-corporate capacity. The textual authority of the Mitakshara lays down in express terms that the joint family property is held in trust for the joint family members then…

  • Second Preliminary Decree in Partition Suit – Supreme Court

    We are of opinion that there is nothing in the Code of Civil Procedure which prohibits the passing of more than one preliminary decree if circumstances justify the same and that it may be necessary to do so particularly in partition suits when after the preliminary decree some parties die and shares of other parties…

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