Divorced Woman, Too, Can Seek Protection Under Domestic Violence Act: Kerala HC [Read Judgment]
8 years, 3 months ago

Divorced Woman, Too, Can Seek Protection Under Domestic Violence Act: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court in Bipin vs. Meera, has dealt with the question whether subsistence of the matrimonial relationship is the sine-qua-non for seeking reliefs under the Protection of Women from Domestic Violence Act, 2005.The petitioner husband, Bipin, married Meera in 2011 and a child was born to them. The Kerala High Court in Bipin vs. Meera, has dealt with the question whether subsistence of the matrimonial relationship is the sine-qua-non for seeking reliefs under the Protection of Women from Domestic Violence Act, 2005. The matrimonial relationship got strained, thereafter, and, hence, the spouses moved for divorce invoking Section 13B of the Hindu Marriage Act. Hence, any act of violence which satisfies the definition of Section 3 of the Act and has a rational nexus to the past matrimonial relationship, or which arises therefrom or as a sequel to that relationship should conceptually fall within the provisions of Domestic Violence Act… Hence, even a divorced wife is entitled to initiate proceedings under Sections 18, 19, 20, 21 and 22 of D.V Act to seek appropriate reliefs.

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History of this topic

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man
19 hours, 54 minutes ago

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man

India Today  

The Bombay High Court has quashed an order of the Sangli Civil Court and ruled that a husband's divorce petition will be dismissed if he fails to clear Rs 25,000 in maintenance arrears by June 30, 2025. The order came while hearing a petition filed by the man's wife, challenging the Sangli court's rejection of her plea to strike out …

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple
1 week, 1 day ago

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

Live Law  

The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13 of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade. So, in the circumstances keeping in view …

Denial of right to education as a ground for divorce
1 week, 2 days ago

Denial of right to education as a ground for divorce

Hindustan Times  

I have on my desk a recent judgment of the Madhya Pradesh High Court ’s Indore Bench, indeed heartwarming, which deserves to be followed by all other high courts and affirmed by the nation’s apex court. If the husband or in-laws of a married woman force her to give up her pursuit for education, it will amount to mental cruelty, …

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
1 week, 4 days ago

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

Live Law  

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. If despite objection husband or wife continues …

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court
2 weeks, 5 days ago

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court

Live Law  

While granting divorce to a woman, the Indore Bench of Madhya Pradesh High Court has held that compelling the wife to discontinue her studies or putting her in a position not to continue her studies amounts to mental cruelty and constitutes a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. Accordingly, findings of the trial court …

Legal clarity in complex times
2 weeks, 6 days ago

Legal clarity in complex times

Deccan Chronicle  

l The Protection of Women from Domestic Violence Act, 2005 l The Hindu Succession Act, 2005 l The Indecent Representation of Women Act, 1986, on the personal front, and The Sexual Harassment of Women at Workplace Act, 2013. l Equal Remuneration Act, 1976 l On the professional front, there is the Maternity Benefit Act, 1961, among other regulations. “The legislature …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
3 weeks ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court
3 weeks, 6 days ago

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has observed that a woman's claim seeking right to shared household under Section 17 of the Protection of Women from Domestic Violence Act 2005 is valid even in the absence of domestic violence. Justice Neena Bansal Krishna thus ruled that an application/complaint under Section 12 of the Act before the Magistrate is maintainable even if there …

Hindu girl, Muslim boy marry in Kerala after facing threats in Jharkhand
3 weeks, 6 days ago

Hindu girl, Muslim boy marry in Kerala after facing threats in Jharkhand

India Today  

A couple from Jharkhand, Mohammed Ghalib and Asha Verma, sought refuge in Kerala and got married after facing ‘Love Jihad’ allegations and threats from their families and neighbours in their home state. Facing death threats, the couple decided to move to Kerala after Ghalib’s friends in the UAE, where he previously worked, advised them to do so. Fearing further threats, …

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC
1 month, 1 week ago

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

Live Law  

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition. Snehalatha allowed the petition for amendment filed under Order VI Rule 17 CPC to incorporate reliefs under …

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court
1 month, 1 week ago

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court

Live Mint  

The Madhya Pradesh High Court has ruled that a wife's love affair with someone else is not sufficient to prove adultery and deny her maintenance. Even if a wife is having a love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery,” held Justice …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC
1 month, 3 weeks ago

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC

Live Law  

The Allahabad High Court recently observed that in many cases, to harass the husband's family or the person in a domestic relationship, the aggrieved party implicates relatives who have never lived with them in the shared household. A bench of Justice Arun Kumar Deshwal added that while issuing notice under Section 12 of the Domestic Violence Act, the courts must …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months, 1 week ago

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Live Law  

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 of the Act, the relationship of parties living together through a relationship in the …

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC
2 months, 2 weeks ago

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC

Live Law  

The Orissa High Court has recently held that consent for divorce can be unilaterally withdrawn by a spouse anytime before the passing of decree granting divorce on the basis of mutual consent, even after conclusion of arguments. Reiterating the significance of 'mutual consent' of spouses for grant of divorce under Section 13-B of the Hindu Marriage Act, the Single Bench …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
3 months, 1 week ago

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act …

For divorces in India, the process is the punishment
3 months, 2 weeks ago

For divorces in India, the process is the punishment

India Today  

On July 15, 2024, the legal counsel of Omar Abdullah, the now Chief Minister of Jammu and Kashmir, said in the Supreme Court that his marriage had been irretrievably "dead" as he and his spouse had lived apart for 15 years. HOW DIVORCE LAWS MISUSED IN INDIA, PROCESS IS PUNISHMENT "Let’s start with how, after filing for divorce, a person …

Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court
3 months, 2 weeks ago

Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court

Live Law  

The Kerala High Court while reversing a decision of the Family Court granting compensation to the husband for his wife's alleged adulterous behaviour observed that India like many other jurisdictions does not recognize adultery as a ground for claiming damages. The former husband in his petition before the Family Court alleged that his former wife, while the marriage was subsisting …

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC
4 months ago

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday held that a divorced wife can seek maintenance from her ex-husband by invoking provisions of the Protection of Women from Domestic Violence Act, 2005. Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC A single judge bench of justice Sandipkumar More was hearing a plea filed by a 50-year-old agriculturist …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 2 weeks ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 2 weeks ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
6 months, 3 weeks ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn
7 months ago

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn

India Today  

A Karnataka High Court judge has rebuked a woman who demanded more than Rs 6 lakh per month as maintenance from her husband. The woman, Radha Munukuntla, was seeking financial support under Section 24 of the Hindu Marriage Act, 1955, and had detailed her monthly expenses to justify her demand. During a hearing that was held on August 20, Munukuntla's …

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
7 months, 3 weeks ago

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that a domestic relationship under the Domestic Violence Act, can be established through past cohabitation, and current cohabitation is not a requirement for the same. So, merely because the petitioner and respondent No.1 are not presently living in a shared household, it cannot be stated that there is no domestic …

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
7 months, 3 weeks ago

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court

Live Law  

The Kerala High Court has held that a woman who complains of being in a loveless relationship with her husband who is allegedly living a wayward life and acting under the influence of alcohol would not be able to enumerate each and every incident of cruelty. The Family Court held that the disputes between the parties were part of 'ordinary …

MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen
8 months ago

MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen

Live Law  

The Kerala High Court has quashed a complaint filed under the Muslim Women Act by a woman with Malaysian citizenship. Section 2 of MWPRD Act defines Magistrate as Magistrate of First Class exercising jurisdiction under Code of Criminal Procedure in the area where the divorced woman resides. Justice A. Badharudeen observed: “Reading the above decision, the term 'residence' is generally …

AIMPLB may challenge SC ruling on alimony to divorced Muslim women
8 months, 2 weeks ago

AIMPLB may challenge SC ruling on alimony to divorced Muslim women

Hindustan Times  

Lucknow and Meerut: The All India Muslim Personal Law Board is likely to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’. “Our legal committee’s findings will guide our next steps, which could include filing a review petition.” In contrast, the All India Shia Personal Law Board has …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
8 months, 2 weeks ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 2 weeks ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

Depriving Father From Meeting Daughter On Account Of Marital Discord Is Cruelty: Punjab & Haryana High Court
8 months, 3 weeks ago

Depriving Father From Meeting Daughter On Account Of Marital Discord Is Cruelty: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that depriving a father from meeting his daughter on account of marital discord amounts to cruelty under Section 13 of the Hindu Marriage Act.While dismissing refusing to interfere in divorce granted on the ground of cruelty, division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "that depriving the …

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court
8 months, 3 weeks ago

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court

Live Law  

The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005. Thus, she filed an application under Section 12 read with Section 23 …

Kerala High Court:Divorced Wife Can't Be Evicted From 'Shared Household' Without Due Process
9 months ago

Kerala High Court:Divorced Wife Can't Be Evicted From 'Shared Household' Without Due Process

Live Law  

The Kerala High Court in a recent judgment observed that a former wife, though divorced cannot be evicted from a shared household except through a procedure laid down by law. The Court observed that even though a divorced woman had no right over the shared household, if she was staying there during or after divorce, she could be evicted only …

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC
9 months, 2 weeks ago

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC

Live Law  

The Gauhati High Court on Wednesday dismissed an Interlocutory Application filed by a woman for condonation of 122 days of delay in preferring the matrimonial appeal which challenged an ex-parte divorce decree passed by the District Court, on the ground that the bar of Section 15 of the Hindu Marriage Act would not be applicable in the case and delay …

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court
9 months, 3 weeks ago

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court

Live Law  

The Allahabad High Court has held that once the finding regarding cruelty has been recorded by the Family Court, marriage between the parties ought to be dissolved. The Court held that the grounds of divorce provided in Section 13 of the Hindu Marriage Act are mutually exclusive and if any one of the grounds is made out, the divorce ought …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
10 months ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
11 months, 2 weeks ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship
11 months, 3 weeks ago

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship

News 18  

In a ruling recognising the rights of women in a live-in relationship, the Madhya Pradesh High Court said a woman living with a man for a considerable period is entitled to maintenance upon separation, even if they are not legally married. According to an NDTV report, the Madhya Pradesh HC delivered the judgement while hearing a case of a petitioner …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
11 months, 3 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case
1 year ago

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case

Deccan Chronicle  

Mumbai, Mar 26 The Bombay High Court has upheld a trial court order directing a husband to pay a Rs 3-crore compensation and monthly maintenance of Rs 1.5 lakh to his estranged wife, observing a factor that can be considered for deciding the payout quantum is the impact of acts of domestic violence on the aggrieved person. Justice Sharmila held …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
1 year ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
1 year ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

How the state views interpersonal relationships
1 year, 1 month ago

How the state views interpersonal relationships

Hindustan Times  

Any intervention of the state in the personal domain needs to maintain a delicate balance between a person’s right to privacy and the state’s interest in maintaining a just social order. Most recently, while refusing to recognise the right to marriage as a fundamental right in October 2023, the Supreme Court in Supriyo v. Union of India noted that the …

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
1 year, 2 months ago

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

Live Law  

Nominal Index Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw 42 Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw 43 XXX & Ors. Kerala HC Refers To Division Bench Case title: Lekshmi M V Sudhamony Amma Citation: 2024 LiveLaw 45 The Kerala High Court has referred the decision of a single judge in Natarajan T.K. …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
1 year, 2 months ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree
1 year, 2 months ago

Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree

Live Law  

The Himachal Pradesh High Court has ruled that levelling baseless accusations of infidelity against a spouse can be grounds for divorce, even if unintentional. A bench comprising Justices Vivek Singh Thakur and Sandeep Sharma has clarified that cruelty can exist even without deliberate or willful intent and the absence of intention shouldn't negate relief for the aggrieved spouse if the …

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year, 3 months ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court
1 year, 4 months ago

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court

Live Law  

The Allahabad High Court has held that though the term 'residing' appearing in Section 19 of the Hindu Marriage Act, 1955 is not defined under the Act, a casual visit to a place will not grant jurisdiction to the Court in that area to adjudicate upon divorce proceedings. The bench comprising of Justices Saumitra Dayal Singh and Syed Aftab Husain …

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