30 Most Important Landmark Judgments of Family Law

📢 30 Most Important Landmark Judgments of Family Law

Family law in India has been shaped by several landmark judgments of the Supreme Court. These cases have defined rights relating to marriage, divorce, maintenance, guardianship, inheritance, live-in relationships, and social justice. Below is the list of 30 most important Family Law judgments:

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1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
   Issue: Maintenance for divorced Muslim women under Section 125 CrPC.
   Judgment: Upheld the right to maintenance for Muslim women even after divorce.

2. Danial Latifi v. Union of India (2001)
   Issue: Constitutionality of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
   Judgment: Ruled that Muslim women are entitled to a fair provision beyond the iddat period.

3. Shayara Bano v. Union of India (2017)
   Issue: Constitutionality of Triple Talaq.
   Judgment: Instant triple talaq was declared unconstitutional.

4. Sarla Mudgal v. Union of India (1995)
   Issue: Bigamy after conversion to Islam.
   Judgment: A Hindu husband cannot remarry by converting to Islam without dissolving the first marriage.

5. Lata Singh v. State of UP (2006)
   Issue: Right to marry outside caste.
   Judgment: Affirmed the right to marry outside one's caste without societal interference.

6. Githa Hariharan v. Reserve Bank of India (1999)
   Issue: Guardianship rights of a mother.
   Judgment: Mothers can be natural guardians of their children under Hindu law.

7. Indra Sarma v. V.K.V. Sarma (2013)
   Issue: Maintenance for women in live-in relationships.
   Judgment: Women in long-term live-in relationships have a right to maintenance.

8. Vishnu v. State of Maharashtra (2006)
   Issue: Child marriages.
   Judgment: Child marriages are voidable and can be annulled by the child.

9. Shakti Vahini v. Union of India (2018)
   Issue: Honour killings and inter-caste/interfaith marriages.
   Judgment: Directed authorities to prevent honour killings and protect the right to marry by choice.

10. D. Velusamy v. D. Patchaiammal (2010)
    Issue: Validity of live-in relationships.
    Judgment: Long-term live-in relationships resembling marriage are legally valid.

11. Smt. Seema v. Ashwani Kumar (2006)
    Issue: Registration of marriages.
    Judgment: Directed compulsory registration of all marriages across religions.

12. Navtej Singh Johar v. Union of India (2018)
    Issue: Decriminalization of homosexuality.
    Judgment: Section 377 was read down, decriminalizing consensual same-sex relationships.

13. Mary Roy v. State of Kerala (1986)
    Issue: Property rights of Syrian Christian women.
    Judgment: Syrian Christian women are entitled to equal shares in their parents' property.

14. Vineeta Sharma v. Rakesh Sharma (2020)
    Issue: Daughters' rights in coparcenary property.
    Judgment: Daughters have equal rights in Hindu coparcenary property.

15. Prakash v. Phulavati (2016)
    Issue: Applicability of the Hindu Succession Amendment Act.
    Judgment: The Act applies to daughters even if their father passed away before the amendment.

16. Savitaben Somabhai Bhatiya v. State of Gujarat (2005)
    Issue: Maintenance for divorced women.
    Judgment: A divorced wife is entitled to maintenance under Section 125 CrPC.

17. Revanasiddappa v. Mallikarjun (2011)
    Issue: Rights of children born out of wedlock.
    Judgment: Children born out of wedlock have inheritance rights in the self-acquired property of their parents.

18. Rohtash Singh v. Ramendri (2000)
    Issue: Maintenance for divorced wives.
    Judgment: Ruled that a divorced wife is entitled to maintenance if she cannot support herself.

19. K.S. Puttaswamy v. Union of India (2017)
    Issue: Right to privacy.
    Judgment: Declared privacy as a fundamental right, impacting various aspects of family law.

20. Hiralal Shankarlal Bhagat v. Kokilaben (1993)
    Issue: Mental cruelty as grounds for divorce.
    Judgment: Mental cruelty can be a valid ground for divorce under Hindu law.

21. Naveen Kohli v. Neelu Kohli (2006)
    Issue: Irretrievable breakdown of marriage.
    Judgment: Recommended irretrievable breakdown of marriage as grounds for divorce.

22. Rajnesh v. Neha (2020)
    Issue: Guidelines on maintenance.
    Judgment: Standardized the determination of maintenance for wives and children.

23. Shamim Ara v. State of UP (2002)
    Issue: Talaq under Muslim law.
    Judgment: Laid down the procedure for pronouncement of a valid talaq.

24. Bai Tahira v. Ali Hussain Fissalli (1979)
    Issue: Maintenance under Muslim law.
    Judgment: Even after iddat, a Muslim woman is entitled to maintenance.

25. Anil Kumar Jain v. Maya Jain (2009)
    Issue: Divorce by mutual consent.
    Judgment: A party cannot unilaterally withdraw consent during the cooling-off period.

26. Dimple Gupta v. Rajiv Gupta (2007)
    Issue: Maintenance for illegitimate children.
    Judgment: Illegitimate children are entitled to maintenance.

27. Samar Ghosh v. Jaya Ghosh (2007)
    Issue: Mental cruelty.
    Judgment: Laid down guidelines for determining mental cruelty as a ground for divorce.

28. V. Tulasamma v. V. Sesha Reddi (1977)
    Issue: Right of Hindu widows to maintenance.
    Judgment: A widow's right to maintenance is recognized as a right to property.

29. Vishnu v. State of Maharashtra (2006)
    Issue: Validity of child marriages.
    Judgment: Child marriages are voidable at the option of the child.

30. Sushil Kumar Sharma v. Union of India (2005)
    Issue: Misuse of Section 498A (dowry harassment).
    Judgment: Directed safeguards to prevent misuse of dowry harassment laws.

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