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Supreme Court of India Landmark Judgments

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Supreme Court of India Landmark Judgments For Private Circulation : Educational Purpose Only India has a strong tradition of respect for difference and diversity which is reflected under the Hindu Family Laws as it is applicable to diverse communities living from the southern tip to northern mountains, from western plains to eastern hills. Hon'ble Mr. Justice N.V. Ramana Ratanlal alias Babulal Chunilal Samsuka Versus Sundarabaigovardhandas Samsuka (Dead) through Legal Representatives and ors. Decided on 22 November, 2017 (para-13) COMPILATION OF LANDMARK JUDGMENTS OF SUPREME COURT OF INDIA ON FAMILY MATTERS “While considering the paramount interest and welfare of the minor child, maintenance, education and the loving care that the child would receive are the factors to be kept in view.” Hon’ble Mrs. Justice R. Banumathi Kalaichezhiyan Srinivasan Versus Nirmala O.S.A.No.255 of 2011 Decided on 15 September, 2011(Para-10) For Private Circulation : Educational Purpose Only COMPILATION OF LANDMARK JUDGMENTS OF SUPREME COURT OF INDIA ON FAMILY MATTERS Year of Publication : 2019 Compiled By Jharkhand State Legal Services Authority Nyaya Sadan, Near AG Office, Doranda, Ranchi – 834002 Ph No. 0651-2482392, 2481520, 2482397 (F) E-mail :[email protected], Website : www.jhalsa.org This is booklet is also available on Official Website of JHALSA “www.jhalsa.org” HON'BLE MR. JUSTICE N.V. RAMANA Judge, Supreme Court of India & Chairman, Supreme Court Legal Services Committee HON'BLE MRS. JUSTICE R. BANUmathi Judge, Supreme Court of India & Chairperson, Supreme Court Committee for Sensitization of Family Court Matters HON'BLE MS. JUSTICE INDIRA BANERJEE Judge, Supreme Court of India & Member, Supreme Court Committee for Sensitization of Family Court Matters HON’bLE MR. JUSTICE H.C. MISHRA Acting Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA & Chairman, Jharkhand High Court Committee for Sensitization of Family Court Matters HON’bLE MR. JUSTICE HON’bLE MR. JUSTICE Aparesh KUMAR SINGH S. CHANDRASHEKHAR Judge, High Court of Jharkhand & Chairman, HCLSC Judge, High Court of Jharkhand & & Member, Jharkhand High Court Member, Jharkhand High Court Committee for Sensitization of Family Court Matters Committee for Sensitization of Family Court Matters Preface Ranchi, dated 8th September, 2019 Family is the foundation of Civilization. Ethics and values are carried forward to Generations by the families. In fact our Nation is praised worldwide for the moral ethics and values which we have inherited from the generations right from Vedic period, or may be, even earlier. It is expected from us that we must pass on the same to the posterity as well. Strong family system is the hallmark of Indian Civilization, but, it has come under immense pressure and stress. Strong sense of individuality has given less space for adjustments, necessary for cordial family relationships. Stress in family system has opened floodgates of litigation. Innocence of child and esteem of women and elders are lost in prolonged family disputes. The Family Courts Act, 1984, has envisaged a different jurisdiction to be exercised with different mindset and approach. The said Act stipulates the minimum possibility of adversarial system of trial before the Family Courts, by taking recourse to conciliation for the settlement of the family disputes, but in fact our experiences show that each and every family litigation suffers from such hostile attitude towards the other party, that the entire families of both the parties suffer immensely. Children are the worst sufferers. Here comes the role of a Judge presiding over the Family Courts. They require skills and aptitude entirely different from the other Judges sitting in the same premises. Hon'ble Supreme Court Committee for Sensitization of Family Court Matters has been working tirelessly to sensitize all the stakeholders. From 2016 to 2018, this Committee has organized four Regional Level and One National Level Meets of Family Courts Judges, and has also prepared Training Module for the Family Court Judges. This Compilation of Landmark Judgments of Supreme Court of India on Family Matters is an effort to equip our Judges with all the authorities on the subject. We have compiled the Judgements under the following categories :- • Duty of Family Courts • Maintenance & Alimony • Custody of Child, Shared Parenting and Visitation Rights • Marriage & Divorce • Domestic Violence • Streedhan • Miscellaneous I hope and trust that this work will be useful for Bar and Bench alike. Any suggestion for improvement is highly solicited for incorporation in www.jhalsa.org as well, for use by one and all. (Justice H.C. Mishra) Acting Chief Justice, High Court of Jharkhand & Chairman, High Court Committee for Sensitization of Family Court Matters INDEX MISCELLANEOUS ASPECT OF FAMILY MATTERS 1. SHREYA VIDYARTHI VERSUS ASHOK VIDYARTHI & ORS. .....................................................3 Bench : Hon’ble Mr. Justice Ranjan Gogoi & Hon’ble Mr. Justice N.V. Ramana CIVIL APPEAL NOS.3162-3163 OF 2010 2. R. KASTHURI VERSUS M. KASTHURI AND ANR....................................................................10 Bench : Hon’ble Mr. Justice Ranjan Gogoi and Hon’ble Mrs. Justice R. Banumathi Civil Appeal No (s). 432 Of 2018 3. BALRAM YADAV VERSUS FULMANIYA YADAV .......................................................................13 Bench : Hon’ble Mr. Justice Kurian Joseph and Hon’ble Mr. Justice Rohinton Fali Nariman Civil Appeal No. 4500 of 2016 4. ABC VERSUS STATE (NCT OF DELHI) .......................................................................................16 Bench : Hon’ble Mr. Justice Vikramajit Sen and Hon’ble Mr. Justice Abhay Manohar Sapre Civil appeal no. 5003 of 2015 DOMESTIC VIOLENCE 5. PRAVEEN SINGH RAMAKANT VERSUS Neelam PRAVEEN SINGH BHADAUriya .......33 Bench : Hon’ble Mrs. Justice R Banumathi CIVIL APPEAL NO. 4541 OF 2019 6. SAMIR VIDYASAGAR BHARDWAJ VERSUS NANDITA SAMIR BHARDWAJ ....................35 Bench : Hon’ble Mr. Justice Kurian Joseph and Hon’ble Mrs. Justice R. Banumathi Criminal Appeal No. 6450 of 2017 7. LALITA TOPPO VERSUS THE STATE OF JHARKHAND & ANR. ............................................38 Bench : Hon’ble Mr. Justice Ranjan Gogoi, CJ, Hon’ble Mr. Justice Uday Umesh Lalit and Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No(S). 1656/2015 8. Ajay KUMAR VERSUS Lata@ SHARUTI ................................................................................40 Bench : Hon’ble Mr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice Hemant Gupta CRIMINAL APPEAL NO(S). 617 OF 2019 9. MAHENDRA PRASAD Mehta VERSUS THE State OF BIHAR ...........................................44 Bench : Hon’ble Mr. Justice Ranjan Gogoi CRIMINAL APPEAL NO.71 OF 2012 10. DEOKI Panjhiyara VERSUS SHAHSHI BHUSHAN Narayan AZAD & ANR ................49 Bench: Hon’ble Mr. Justice P. Sathasivam and Hon’ble Mr. Justice Ranjan Gogoi CRIMINAL APPEAL Nos.2032-2033 of 2012 11. HIRAL P. HARSORA AND ORS VERSUS KUSUM NarottamDAS HARSORA AND ORS......................................................................56 Bench: Hon’ble Mr. Justice Kurian Joseph and Hon’ble Mr. Justice Rohinton Fali Nariman CIVIL APPEAL NO. 10084 of 2016 12. MANMOHAN AttaVAR VERSUS Neelam MANMOHAN AttaVAR ...................................81 Bench : Hon’ble Mr. Justice Rohinton Fali Nariman and Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No.2500 of 2017 with Civil Appeal No.2502 of 2017 13. Vaishali ABHIMANYU JOSHI VERSUS NANASAHEB Gopal JOSHI ..............................87 Bench : Hon’ble Mr. Justice A.K Sikri and Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 6448 of 2017 ADOPTION 14. RATANLAL ALIAS BABULAL CHUNILAL SAMSUKA VERSUS SUNDARABAIGOVARDHANDAS SAMSUKA (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERS ..........................................................................................101 Bench : Hon’ble Mr. Justice N.V. Ramana and Hon’ble Mr. Justice Amitava Roy Civil Appeal No. 6378 of 2013 15. KARINA JANE CREED VERSUS UNION OF INDIA & ORS. ..................................................110 Bench: Hon’ble Ms. Justice Indira Banerjee Hon’ble Mr. Justice Ajay Rastogi Special Leave to Appeal (C) No(s).13627/2019 16. STEPHANIE JOAN BECKER VERSUS State AND ORS. .....................................................112 Bench : Hon’ble Mr. Justice P. Sathasivam, Hon’ble Mr. Justice Ranjan Gogoi & Hon’ble Mr. Justice V. Gopala Gowda CIVIL APPEAL No. 1053 of 2013 17. SHABNAM HASHMI VERSUS UNION OF INDIA & ORS. .....................................................120 Bench : Hon’ble Mr. Justice P. Sathasivam, Hon’ble Mr. Justice Ranjan Gogoi & Hon’ble Mr. Justice Shiva Kirti Singh WRIT PETITION (CIVIL) NO. 470 OF 2005 18. UNION OF INDIA & ANR. ETC. VERSUS. ANKUR GUPTA & ORS. ......................................125 Bench: Hon’ble Mr. Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph CIVIL APPEAL NOS. 2017-2020 OF 2019 19. LAKSHMI KANT PANDEY VERSUS UNION OF INDIA ..........................................................134 Bench : Hon’ble Mr. Justice P.N. Bhagwati, Hon’ble Mr. Justice R.S. Pathak, Hon’ble Mr. Justice Amarendra Nath Sen 1984 SCR (2) 795 MAINTENANCE AND ALIMONY 20. KALYAN DEY CHOWDHURY VERSUS RITA DEY CHOWDHURY NEE NANDY .................175 Bench : Hon’ble Mrs. Justice R. Banumathi and Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No. 5369 of 2017† 21. MANISH JAIN VERSUS AKANKSHA JAIN .............................................................................180 Bench: Hon’ble Mr. Justice Kurian Joseph & Hon’ble Mrs. Justice R. Banumathi CIVIL APPEAL
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