An interlocutory injunction in guardianship proceedings cannot operate to completely exclude a natural parent from access to a minor child unless the material on record discloses prima facie..

Neither the Mediation Act, 2023, nor Section 89 of the Code of Civil Procedure confers power upon a court to refer parties to mediation without the consent of all parties. Mediation is funda..

A wife's independent income does not automatically disentitle her from permanent alimony under Section 25 of the Hindu Marriage Act. The provision is equitable in nature and aims to secure f..

A decree for specific performance is conditional in nature and imposes reciprocal obligations on the decree-holder. Failure to deposit the balance sale consideration within the time stipulat..

In a suit for specific performance, readiness and willingness of the plaintiff must be demonstrated from the date of the agreement to the date of the decree. Where a condition precedent unde..

Restraining a spouse from approaching the other spouse, their residence, or workplace during pendency of matrimonial proceedings requires a high benchmark of justification and cannot be orde..

A posthumously filed income tax return is admissible and must be considered by a Motor Accident Claims Tribunal for determining the income of a deceased claimant while computing compensation..

Assessment of notional income of a young engineering student at a manifestly inadequate figure, ignoring academic credentials and future earning potential, is contrary to the principle of "j..

Video conferencing is not permissible at the stage of reconciliation in matrimonial proceedings. The Rules for Video Conferencing for Courts, 2023, being procedural in nature, cannot overrid..

A party in matrimonial proceedings cannot seek to strike off the opponent's defence where that party's own non-compliance caused the delay. The principle underlying Section 23 of the Hindu M..

Mandatory injunction under the Specific Relief Act is a discretionary remedy and cannot be claimed as a matter of right merely on proof of encroachment. Even where a demarcation report estab..

A family court cannot restrain a spouse from accessing the other spouse's home or workplace during pendency of divorce proceedings without a high benchmark of justification. Such restraint, ..