Right of Hindu Women in Ancestral Property-
In the landmark judgment of Vineeta Sharma v. Rakesh Sharma, (11 August 2020), the Supreme Court held that daughters and sons have equal coparcenary rights in a Hindu Undivided Family. They will have rights in property even if they were born before the 2005 amendment to the Hindu Succession Act, 1956 and regardless of the death of their father before the amendment came into force.
Working Wife Entitled to Maintenance-
In the case of Rajnesh v. Neha, (04 November 2020) before the Supreme Court, several guidelines with respect to maintenance to wife were laid down which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and the enforcement of orders of maintenance.
Refusing to Follow Traditions Depicts Non-Acceptance of Marriage-
In the case of Bhaskar Das v. Renu Das, (19 June 2020) the High Court of Gauhati while allowing an appeal for divorce by the husband held- “Under the custom of Hindu Marriage, a lady who has entered into marriage according to Hindu rituals and customs, and which has not been denied by the respondent in her evidence, her refusal to wear 'sakha and sindoor' will project her to be unmarried and/or signify her refusal to accept the marriage with the appellant.”
Preferences of Child Superior in case of Parental Custody-
In the case of Smriti Madan Kansagra v. Perry Kansagra, (28 October 2020), the Apex Court in the case of custody of child wherein the parents are estranged, held that the court will look into the matter and understand whether the child is of an intelligible age and capable of making an intelligent preference. The custody of the minor child was given to the father as the child showed his desire to live with his father based in Kenya.
No Limitation for Divorced Wife to Claim Property Entrusted to Husband/In-Laws in form of Dowry-
In the case of Sheela K.K. v. N.G. Suresh (24 September 2020), the High Court of Kerala held that when the wife entrusts with the husband any property belonging to her, a trust is created and the husband is bound to return the same to the wife. There is no limitation for claiming the same by the wife or divorced wife. As per section 77(a) of the Indian Trusts Act, 1882, a trust is extinguished when its purpose is completely fulfilled. Dissolution of the marriage falls under this category and hence when the trust is extinguished, the husband will have to return the property.
Live-in Relationship between Consenting Adults not an Offence-
In the case of Kamini Devi v. State of Uttar Pradesh (23 November 2020), the Allahabad High Court held that every citizen gets protection under Article 21 which is right to life. No one has the right to intervene in someone’s life, not even their guardians. The court also granted police protection.
Right to Marry a Person of Choice Irrespective of Caste or Religion a Fundamental Right-
In the case of Mr. Wajeed Khan H. B. v. The Commissioner of Police (27 November 2020) the Karnataka High Court held that the right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution. Liberty relating to personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion.
There is no provision which bars the Natural Born Son to Inherit the Property of his Natural Father-
In the case of Kalindi Damodar Garde v. Manohar Laxman Kulkarni (07 February 2020), the Supreme Court held there is no distinction between a son born to a father prior or after the adoption and that all the children of a person (father) are entitled to inherit the property of their natural father and mother in accordance to the applicable laws.
Property of Hindu Male undergoes notional partition on his death to devolve on heirs; no longer joint family property-
In the case of M. Arumugam v. Ammaniammal and Ors (08 January 2020) the Apex Court held that Section 30 and Section 19 of the Hindu Succession Act are to be read together providing that, “when two or more heirs succeed together to the property of an intestate, they shall take the property per capita and as tenants in common and not as joint tenants. This also clearly indicates that the property was not to be treated as a joint family property though it may be held jointly by the legal heirs as tenants in common till the property is divided, apportioned or dealt with in a family settlement.”
Prohibition of Unlawful Religious Conversion Ordinance, 2020-
On 24 November 2020, the ‘Love Jihad Law’ was enacted making unlawful religious conversions a non-bailable offence with upto imprisonment of 10 years. Further religious conversions for marriage in Uttar Pradesh will require a prior approval of a District Magistrate.
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