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...and the deceased.13. Alienation of affection by a stranger, if proved, is an intentional tort i.e interference in the marital relationship with intent to alienate one....Alienation of affection12. We are not prepared to say that there was any wilful or malicious interference by A-2 in the marital relationship between A-1...spouse from the other. Alienation of affection is known as “Heart Balm” action. Anglo-Saxon common law on alienation of affection has not much roots in this country, the law is still in its nascen...
...not maintain her or continued with the relationship.Alienation of affection66. The appellant had entered into this relationship knowing well that the respondent w...importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in Pinakin Mahipatray Rawal case (2013) 10 SCC...and have a cause of action against the appellant for alienating the companionship and affection of the husband/parent which is an intentional tort.71. We, therefore...
...suicide.13. Alienation of affection by a stranger, if proved, is an intentional tort i.e. interference in the marital relationship with intent to alienate one spouse from the other.... Alienation of affection is known as “Heart Balm” action. Anglo-Saxon common law on alienation of affection has not much roots in this country, the law is still in its nascent stage. Anglo- Saxon...lay such a claim complaining of alienation of affection. The object is to preserve marital harmony by deterring wrongful interference, thereby to save the institution of marriage. Both the spouses...
...are social institutions of vital importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in Pinakin Mahipatray Rawal case (supra), which gives a cause ...Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in respect of D.V.No.27 of 2015 on the file of the Judicial Magistrate..., Tambaram, Chennai and quash the same.) This petition has been filed by the respondent in D.V.No.27 of 2015 on the file of the Judicial Magistrate, Tambaram, to quash...
...and the deceased.13. Alienation of affection by a stranger, if proved, is an intentional tort i.e interference in the marital relationship with intent to alienate one spouse from the...trust and the same has been diverted to others by a spouse amounts to alienation of affection. The Apex Court deals this term of actions vis-à-vis cruelty.9. The Hon'ble Apex Court in...and 17 as under:—“ALIENATION OF AFFECTION12. We are not prepared to say that there was any willful or malicious interference by A-2 in the marital relationship between A...
...relationship.
ALIENATION OF AFFECTION
64. Appellant had entered into this relationship knowing well that the
respondent was a married person and encouraged bigamous relationship. By
entering into such a...the very
inception. Marriage and family are social institutions of vital importance.
Alienation of affection, in that context, is an intentional tort, as held by
this
Court in Pinakin Mahipatray...1 This petition is filed under Section 482 Cr.P.C. to quash the
proceedings against the petitioner in DVC No.149 of 2010 on the
file of IV Metropolitan...
...relationship.ALIENATION OF AFFECTION64. Appellant had entered into this relationship knowing well that the Respondent was a married person and encouraged bigamous relationship. By enterin...from the very inception. Marriage and family are social institutions of vital importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in Pinakin Mahipatray...cause of action against the Appellant for alienating the companionship and affection of the husband/parent which is an intentional tort.68. We, therefore, find no reason to interfere with the judg...
...importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in Pinakin Mahipatray Rawal case (supra), which gives a cause of action to the wife and children ...Respondent, especially when they had opposed that relationship and have a cause of action against the Appellant for alienating the companionship and affection of the husband/parent which is an intentional...
CS(OS) 2951/2014 Page 1 of 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 17.08.2015...
...importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in Pinakin Mahipatray Rawal case (supra), which gives a cause of action to the wife and children ...Respondent, especially when they had opposed that relationship and have a cause of action against the Appellant for alienating the companionship and affection of the husband/parent which is an intentional...
CS(OS) 2951/2014 Page 1 of 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 17.08.2015...
.... Marriage and family are social institutions of vital importance. Alienation of affection, in that context, is an intentional tort, as held by this Court in...participation of a third party to prove alienation of affection and mere acts of association are not sufficient. The judgment of the Supreme Court in Indira Sarma v. V.K.V. Sa...
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Reserved on: April 08, 2019 Pronounced on : April 29...
...hope, that such relationships would not constitutes marriage.
"67. Marriage and family are social institutions of vital importance. Alienation of affection, in that c... 2021:DHC:3463
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12th October..., 2021 Date of decision: 29th October, 2021 + W.P.(C) 1271/2020
S.D. ..... Petitioner Through: Mr. Vikas Singh, Sr. Advocate with Mr...
...funeral expenses, Rs. 5,000/- for the loss of estate, Rs. 50,000/- towards loss of consortium and Rs. 10,000/- for loss of affection i.e. total compensation of Rs. 40,90,000/- was awarded to the claimants...position of law that the tort-feasor cannot not take benefit of the munificence or gratuity of others.7. In Helen C. Rebello case (supra), the issue was whether the amounts...death. These amounts are paid because the deceased has wisely invested his savings. Similar would be the position in case of other investments like bank deposits, share, debentures etc.. The tort...
..., therefore, alienation of the same by him is null and void. On the basis of the aforesaid pleadings, the plaintiff prayed for declaration that the release deed, sale deeds and the mutation entries...property but it is another thing to say that it revives. The distinction between the two is absolutely clear and unambiguous. In the case of former any sale or alienation which has been done by the sole...survivor coparcener shall be valid whereas in the case of a coparcener any alienation made by the karta would be valid.”13. Now referring to the decision of...
...affection to the mother and funeral expenses. In view of Vimal Kanwar v. Kishore Dan(2013-3) PLR 776, this Court grants...Rs. One lac towards loss of consortium payable to the widow, Rs. One lac to the mother towards love and affection and Rs. 10,000/- towards funeral expenses.6. Accordingly, the total...the tort feasors is too well laid a proposition of law that requires not to be re-examined at this length of time. Every Court in India has come by the same dispensation that the action by a third...
..., if executed by a holder who, but for such shedding operation or alienation, would have had lands in excess of the ceiling prescribed by the Act, are void because they are sure to defeat the ‘surplus...of extrication of holdings from the arm of the law is the reason that prompts sudden affection for making gifts, sudden realisation of debts due and sudden awareness of family necessity. The..., nothing else. A simple scan of the provision reveals that any transfer, gift, surrender, settlement or other alienation referred to in the section may be declared void by the Authorised Officer “if he...
...actual or possible interest in the properties — namely, the widow herself her bother, who was a natural object of her affection and bounty, her son-in-law, who was the natural protector of the interests of...(PC) 44 approving the earlier decision in Khunni Lal v. Govind Krishna Narain the Privy Council held that a compromise by way of family settlement is in no sense an alienation by a...place once it is held that the transaction being a family settlement is not an alienation, it cannot amount to the creation of an interest. For, as the Privy Council pointed out in Mst Hiran Bibi case...
...am suffering from Nanju disease and breathlessness and asthma, I feel that it would be difficult for me to live long. You happened to be my daughter. Out of great love and affection I have for you, I...absolute right to enjoyment, alienation etc. In other words, she had created in herself a life interest in the property and vested the remainder in favour of her second daughter. It is settled law that the...and order dated 11-7-1995 of the Division Bench of the Andhra Pradesh High Court made in LPA No. 124 of 1989. The undisputed facts are that Ch. Seshamma had two daughters, namely, Hymavathy and...
...nothing which can be termed as mortgage money or for the repayment of which a mortgage can be substituted. An alienation in the nature of gift for love and affection cannot be placed in the category of...thus:—“24(1) A proprietor who wishes to make a permanent alienation of the whole or any part of his protected land shall apply for permission to the Asstt. Collector in charge of the sub...so was held by the learned single Judge also, that the oral gift made by Sarfaraz Khan in favour of the two sons was a permanent alienation, as it was not a gift for a charitable purpose but happened...
...of love and affection he settled the suit property under Ex.P-1 in favour of the second defendant. It was further contended that the joint family property was already partitioned between himself, the...appearing for the respondent/plaintiff, while supporting the judgment of the High Court, has submitted that the alienation by way of gift of joint family property made by the first defendant in favour...of the second defendant was void. The period of limitation for challenging such an alienation is twelve years from the date the alienee takes possession of the property under Article 109 of the Second...
...three trustees validity Amendment of decree by High Court after admission of appeal by Supreme Court-Award of net profit to trust estate and internal to alienation in favour of person intermeddling with...trust estate Trustee de son tort Indian Trusts Act 1882(2 of 1882) ss 48,63- Code of Civil Procedure, 1908 (Act V of 1908) ss. 11, 151 and 152 Indian Limitation Act, 1908 (IX of 1908) Arts 134, 120...consent to it. The sale deed in favour of defendant 12 was declared invalid on the ground that he had intermeddled with the trust estate and had thus become a trustee de sou tort. The courts below also...