The Supreme Court has ordered CMM, Kolkata to modify their orders in granting bail without registered surety. Bail was granted to one Wasim on the production of registered surety. Wasim claimed that he was a resident of Nagpur and thus cannot produce registered surety and his mother is critically ill and he needs to be home. The Supreme Court observed…

The Supreme Court, asked the Patna High Court, to give reasons to support their conclusion at reaching a judgement of approval or rejection of an appeal. After an appeal and noticing that the High Court had not given any conclusion to the decision that they arrived at, the Supreme Court under s.482 CrpC said: “Time and again, this Court has…

Delhi High Court, has waived off the cooling off period of a woman who wanted to get re-married to an NRI who was only in India for a limited period. The Delhi High Court judge opined that the 1 year of seperation necessary before filing the first motion of divorce, plus the six months of the cooling off period is…

The Supreme Court recently enhanced the interim maintenance order of a woman who is educated from 9,000 to 25,000 INR. The High Court had rejected the woman’s plea to enhance the order of maintenance to deal with her day to day expenses on the grounds that the woman was well-educated and she was capable of maintaining herself and 9000 was…

I now pronounce you divorced is a short real life divorce stories which were handled by Siddhartha Shah, Senior Counsel specializing in divorce matters. The book will give you insights on the workings of family law and a sensible and balanced insight on divorces through the eyes of someone who sees clients coming to him for matters everyday. This book…

Is a marriage valid in Hindu culture without the happening of the saat pheras also known as Saptapadi around the sacred fire. In the case of  S. Nagalingam vs Shivagami, 2001 7 SCC 487, the court observed that the marriages without the saat pheras are also valid and marriages performed as per rituals of the parties such as garlanding and…

Prominent Lawyer Siddhartha Shah is featured in Consultants Review Magazine. Click below to view his story.   Click here to read the whole article  

Supreme Court states that relying on the counsellor reports for deciding the custody and parental privileges would not be breaking confidentiality and it would actually be assisting the courts in arriving at a decision “which is in the best interest of the child” as that is the legal measure to be used in determining custody.The Supreme Court opined that: In…

Chattisgarh High Court held that mere refusal to marry is not an instigation under section 306 of the Indian Penal Code. If that was the case, then the court would be full of hundreds of litigants. In order for section 306 to apply, it is important to prove that the accused actually instigated the victim to commit suicide or even…

Bombay High Court in a recent judgement allowed for a woman living in US who had named her father as her POA holder to give consent via skype and allowed her to make her statements/give consent/recording of the consent terms via skype. Her petition under 13B of the Hindu Marriage Act was rejected by the family court but the High…