Hindu Law Case Laws e-Flashcard Series for Judicial Services Exam

Hindu Marriage Act 1955, Hindu Succession Act 1956: Hindu Law Case Laws

1. Lily Thomas v. Union of India (2006) 6 SCC 224

The decision of Sarla Mudgal case was reviewed in this case. The court held that a marriage solemnized according to one personal law can’t be dissolved according to another personal law because of a change of religion of parties.

2. Shobha Rani v. Madhukar Reddi AIR 1988 SC 121

Supreme Court held that demand for dowry also constitutes cruelty.

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3. Naveen Kohali v. Neelu Kohli (2006) 4 SCC 558

The Supreme Court held that irretrievable breakdown of marriage amounts to cruelty.

4. Sitabai v. Ram Chandra AIR 1970 SC 343

Even on the death of the sole surviving coparcener, the Hindu Joint family does not come to an end so long as it is possible in law or nature to add a male member to it.

5. Rani v. Shanta AIR 1971 SC 1028

For alienation of Hindu Joint family property on the basis of legal necessity, such necessity is not the sole test but the pressure upon the estate may be regarded as serious and sufficient.

6. Dastane v. Dastane (1975) 2 SCC

Supreme Court held that cruelty is conduct that causes a reasonable apprehension that it is harmful or injurious for one spouse to live with another.

7. Pravecn Mehta v. Indrajeet Mehtaab (2006) 4 SCC 558

Mental cruelty is a state of mind and feeling with one of the spouses due to the behaviour or behavioural pattern of the other. Mental cruelty is difficult to be established from direct evidence. It is a matter of inference to be drawn from the facts and circumstances of the case.

8. Gita Hariharan v. RBI (1999) 2 SCC 228

The apex court held that the word ‘after’ in the Section 6(a) can’t be interpreted to mean “after the life of after”. The word ‘after’ has the meaning ‘in absence of’. If the after is absent or is wholly indifferent to the affairs of the minor then the mother will become the natural guardian of the minor.

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