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Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
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Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
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Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
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Synopsis of the Special Marriage Act in India
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Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
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Leo Francis Xaviour V/s The Principal, Karunya Institute
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Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
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Basir Ahmed Sisodia V/s The Income Tax Officer
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Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
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Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
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Filing of Complaints against biased Judges
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Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
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Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
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Constitutionality of Bandhs
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Employment Contract
Police Clearance Certificate
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Key changes to Indian Tax Regulations
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Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
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Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
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Oppression and Mismanagement
Fraudulent and Invalid Contracts
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Laws governing a Knife
Medical Negligence and its Compensation
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Intestate Succession
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Transfer of Property Act
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Illegal Immigrants
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Intestate Succession
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Rights of Children in India
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Land Records & Titles
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Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
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National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
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Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
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Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
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Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
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Rajya Sabha passes the Triple Talaq Bill
Gift Deed
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Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
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Delay of Condonation
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Motor Accident Claim Tribunal
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Unjust Compensation - A Doctors Perspective
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Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
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Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Admin
Date:25 December 2020
Family Law
Comments:0
Views:1545
Likes:0Facts of the Case
The Appellant and the respondent are district judges who were working in the state of West Bengal. Their marriage was solemnized on 19th June, 1992 according to the rules laid down under the Special Marriage Act, 1954. As a result, a girl child was born on 14th April, 1993. Thereafter there was a matrimonial discord between them and they both were living separately since the year 2000. The appellant filed an application seeking divorce under section 27 of the act. The appellant stated that the difference arose between them due to improper behaviour in not showing due respect to ailing father. He further alleged that he was also deserted and as well as refused the custody of the child. The respondent did not even visit him when he was seriously ill. The respondent has also been accused of using bad language and even threatening the appellant for filing a criminal complaint if he pursues further with filing a petition for divorce in the year 2005.
The respondent thus filed a written complaint denying all the allegations laid down against her in the application for seeking a divorce. She has urged the court for dismissal of the divorce application and she never attended the proceedings in the trial court.
The chief judge at the city civil court dismissed the application for divorce dated 6th August, 2009. An appeal was filed again at the high court against the judgment laid down by the city civil court had also been dismissed by the high court of Calcutta on 4th July, 2012. The respondent did not appear even before the high court.
The trial court found that the appellant has failed to prove cruelty on the part of the respondent. The appellant was scrutinized and came to the conclusion that no case of divorce can be made of this. The high court also noted that both the parties are judicial officers and an attempt was made for a coalition between both the parties. Despite the efforts made by the high court neither the respondent nor the appellant appeared before the high court on a personal basis. Thus, the high court dismissed the appeal by holding that the irretrievable breakdown of the marriage cannot be a ground for making an appeal for divorce. The high court further held that the appellant has failed to prove mental cruelty on the part of the respondent in this case.
A notice was sent to the respondent on 8th October, 2012 to explore the possibility of an amicable resolution with respect to the matrimonial dispute. Hence, the court had ordered the partied to appear before the mediation centre of the Supreme Court on November 21st, 2012. Despite issuing the order both the respondent as well as the appellant did not appear before the center, after which a fresh notice was issued. However, once again the respondent did not appear before the mediation Center even if they received the notice.
The learned counsel before the appellant submitted that the respondent had deserted the appellant about 17 years back and she refused to return and live with him. Apart from the allegations that were laid down, the learned counsel alleged mental cruelty on part of the respondent who had threatened the appellant she would file a criminal case against him if he appealed to the court for a divorce. Further, the learned counsel submitted that the appellant and respondent were staying apart due to matrimonial dispute between them for seventeen years and for all other purposes the marriage was considered as null and void. In spite of receiving the notices many times from the trial and the High Court, the respondent failed to appear in the legal proceedings. Therefore, this conduct itself showed the nature of the respondent that she did not want to lead a life together with the appellant. Thus, it was concluded that the refusal to attend and take part in the proceedings of divorce and as well as forcing the appellant to stay on with the deed of marriage would itself constitute mental cruelty.
Thus, the High Court observed that the parties made no effort to come together at the same place. Without even entering into the facts of the case the court gave the opinion that there is no scope that Appellant and the respondent living together and for all other important purposes and therefore, there is an irretrievable breakdown of the marriage. Samar Ghosh VS Jaya Ghosh, Manish Goel VS Rohini Goel, a reference was made by the court in the above matter.
The court has used this power in series of a judgment given by them as given under Article 142, the constitution of India, 1950, where divorce could be granted even without visiting the facts and circumstances of the case and where divorce cannot be granted on the grounds of law.
Issue of the Case
1). Whether the appeal should be allowed according to Article 142 of the constitution that is under the dissolution of a marriage as per the facts of the case but the divorce could not be granted by law?
Judgment
Thus, the court admitted that since the appellant and the respondent have lived separately for more than seventeen years, there is no point in forcing the couple to make them live together and run the marriage. Therefore, under this Rishikesh Sharma VS Saroj Sharma, case was also referred by the court for this segment. The court also held that the daughter of the appellant aged around 24 years as well as her custody is not the issue with regards to this particular case.
According to the given facts and circumstances of the case and to give justice to the respective parties the appeal has been allowed by the Supreme Court of India, as per the power given to the court under Article 142 of the, constitution of India, 1950. And thus, as per the reasons mentioned above further appeal was allowed that was filed by the appellant under section 27 of the said act.
Supreme Court of India
Case number- 7186/ 2016
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