Concealing Earlier Marriage While Entering Into Contract Of Marriage Amounts To Fraud By Itself: Kerala HC [Read Judgment]
6 years, 4 months ago

Concealing Earlier Marriage While Entering Into Contract Of Marriage Amounts To Fraud By Itself: Kerala HC [Read Judgment]

Live Law  

“We don't think it necessary for us to go into the correctness of the said divorce, as concealment of a vital fact for entering into a contract of marriage by itself amounts to fraud and the marriage can be declared as null and void.”The Kerala High Court has observed that concealment of a vital fact about earlier marriage while entering into a contract of marriage by itself amounts to. “We don't think it necessary for us to go into the correctness of the said divorce, as concealment of a vital fact for entering into a contract of marriage by itself amounts to fraud and the marriage can be declared as null and void.” The Kerala High Court has observed that concealment of a vital fact about earlier marriage while entering into a contract of marriage by itself amounts to fraud and the marriage can be declared as null and void. The bench quoting some precedents in this regard, said when a Muslim marriage is treated as a contract, if there is non-disclosure of vital fact or information or if there is deceit or misrepresentation or fraud in the matter relating to the essentials of a marriage, the said marriage will become voidable at the option of the person who suffers the deceit, fraud misrepresentation or non-disclosure as the case may be. We don't think it necessary for us to go into the correctness of the said divorce, as concealment of a vital fact for entering into a contract of marriage by itself amounts to fraud and the marriage can be declared as null and void.” Read the Judgment Here

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History of this topic

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

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage
1 month, 3 weeks ago

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage

Live Mint  

The Supreme Court has asked a man to pay ₹three lakh in compensation to his bride, whom he harassed for dowry, following a 19-year legal battle, reported Times of India. Incidentally, the couple's marriage ended within just three days after the groom demanded dowry, which led to his conviction and an eventful jail time, added the report. According to the …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court
2 months ago

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court

Live Law  

The Allahabad High Court has held that decision of the Trial Court/ Family Court cannot be set aside because of failure on part of the husband in leading evidence when there is no other infirmity in the order. The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Refusal/ failure on part of the husband to lead any …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

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, 1 week 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, 1 week 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, 2 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 …

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
7 months ago

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court

Live Law  

While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
7 months, 2 weeks ago

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction …

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC
9 months, 1 week 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 …

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 …

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC
10 months, 2 weeks ago

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently observed that live-in relationships, which are followed in certain sects of society, still continue as a “stigma” in Indian culture as such relations are an imported philosophy contrary to the general expectations of Indian Tenets. High Court's observations At the outset, the Court took exception to the appellant's submission that he is entitled to solemnise …

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 …

Muslim women need no legal order to register for divorce given following personal law: Kerala High Court
1 year, 2 months ago

Muslim women need no legal order to register for divorce given following personal law: Kerala High Court

Op India  

The Kerala High Court has held that a Registrar for Births, Deaths, and Marriages does not require a court order to record a divorce acquired by talaq under Muslim personal law. According to Justice PV Kunhikrishnan, if the divorce is otherwise in order under personal law, a Muslim woman does not need to go to court to record talaq; instead, …

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife
1 year, 2 months ago

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife

Live Law  

The Madras High Court recently observed that although Islamic Law allowed a husband to have polygamous marriages, he was obligated to treat all the wives equally. The bench of Justice RMT Teekaa Raman and Justice PB Balaji thus confirmed a family court order allowing dissolution of marriage finding that the husband had treated the wife with cruelty by not treating …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court
1 year, 5 months ago

Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court

Live Law  

The Kerala High Court has ordered the return of patrimony amount given by a woman's family to her husband at the time of their marriage, irrespective of the fact that there was no documentary evidence to prove the source of money or the handing over of money. Michael wherein the Court stated that it was unreasonable for the Court to …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 5 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 6 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court
1 year, 6 months ago

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court

Live Law  

The Kerala High Court recently held that there was no impediment for the Indian Army in granting family pension to the second wife of a deceased serviceman even if the first marriage was not dissolved legally, as long as the first wife was not interested in the pension. Justice Devan Ramachandran observed that the Indian Army could consider the claim …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 8 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

Fact Check: Interfaith marriage in Guj NOT called off because of 'Kerala Story', this incident is a year old
1 year, 9 months ago

Fact Check: Interfaith marriage in Guj NOT called off because of 'Kerala Story', this incident is a year old

India Today  

Following the release of the controversial film 'The Kerala Story', there has been a deluge of social media posts claiming how it has supposedly awakened Hindu women to the realities of “Love Jihad”, a far-right conspiracy theory. He also shared photos of a non-judicial stamp paper and a copy of a notice under The Special Marriage Act, 1954, to corroborate …

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC
1 year, 10 months ago

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC

Live Law  

The Calcutta High Court recently set aside trial court's decision to convict under Section 417 of IPC a man accused of inducing a woman to have sexual relation with him on the promise to marry her after the dissolution of his previous marriage. According to prosecution case, the victim had agreed to live together with the appellant as there was …

Kerala Muslim couple, who remarried under Special Marriage Act, faces threats, fatwa issued calling it 'drama' to 'mock Islamic personal law': Details
2 years ago

Kerala Muslim couple, who remarried under Special Marriage Act, faces threats, fatwa issued calling it 'drama' to 'mock Islamic personal law': Details

Op India  

Days after a 29-year-old Muslim couple got remarried under the Special Marriage Act to ensure that their property and assets would transfer to their three daughters, the Kerala police intensified surveillance around their house. This is after the couple identified as advocate-actor C Shukkur and Dr Sheena received threats for remarrying under the Special Marriage Act. “The marriage registration of …

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court
2 years, 2 months ago

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the family court under the Hindu Marriage Act by which it declared the marriage between a couple to be null and void, as the woman was minor at the time of marriage. A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty observed that Section 11 of …

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case
2 years, 2 months ago

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case

Live Law  

The Kerala High Court on Tuesday quashed rape case against a 31-year-old man, observing that he and the complainant were in a consensual relationship and his promise to marry her was not with an intention to deceive her.The accused and the complainant had worked together in the Malayalam Serial, 'Akashadooth'. The Kerala High Court on Tuesday quashed rape case against …

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court
2 years, 3 months ago

[Kerala Marriage Registration Rules] Only Husband Or Wife Can Seek Correction Of Entries In Register Of Marriages, Not Any Third Party: High Court

Live Law  

The Kerala High Court recently held that authorities can entertain an application under Rule 13 of Kerala Registration of Marriages Rules 2008 for correction or cancellation of entries in the Register of Marriages only at the instance of the parties to the marriage. Justice P. V. Kunhikrishnan observed that a third person who is not a party to the marriage …

Parties' Standard Of Living 'Very High': Kerala HC Upholds ₹31.6 Lakh Compensation U/S 3 Muslim Women (Protection Of Rights On Divorce) Act
2 years, 4 months ago

Parties' Standard Of Living 'Very High': Kerala HC Upholds ₹31.6 Lakh Compensation U/S 3 Muslim Women (Protection Of Rights On Divorce) Act

Live Law  

The Kerala High Court on Friday upheld the Magistrate Court's order granting an amount of Rs. 31,68,000/- as maintenance to a divorced woman under Section 3 of the Muslim Women Act, 1986.Bench of Justice Kauser Edappagath observed that the parties hail from financially strong backgrounds and have a "very high" standard of living. The petitioner thus filed a petition before …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 11 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
3 years ago

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

Live Law  

The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs
3 years, 2 months ago

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs

Live Law  

Observing that "the marriage is totally dead" and that nothing would be gained by trying to keep the parties tied forever to a marriage that in fact has ceased to exist, the Karnataka High Court recently granted divorce to a couple who lived separately for a period of 21 years. The family court passed an ex-parte order granting divorce in …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
3 years, 2 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

Kerala man, who secretly lived with lover for 10 years in a room, finally marries her
3 years, 6 months ago

Kerala man, who secretly lived with lover for 10 years in a room, finally marries her

India Today  

Rahman, who hit the headlines for keeping his lover Sajitha hidden in a single room in his house for 10 years without anyone's knowledge, finally married her legally at Nenmara in Palakkad district on Wednesday. Clad in a simple cotton salwar, Sajitha seemed happy and secure while signing the marriage documents along with Rahman, who was spotted in a traditional …

Muslim women have right to invoke extra-judical divorce: Kerala HC
3 years, 11 months ago

Muslim women have right to invoke extra-judical divorce: Kerala HC

India TV News  

Overruling a nearly five-decade judgment, the Kerala High Court has restored the rights of Muslim women for divorce without resorting to judicial proceedings. Noting that the Holy Quran recognizes the right to divorce equally for both men and women, the bench observed that the dilemma of Muslim women, particularly in the State of Kerala, came to the fore when the …

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law
3 years, 11 months ago

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law

Live Law  

While upholding the validity of the extra judicial modes of divorce for women, the Kerala High Court recently issued directions to Family Courts on the course to follow while adjudicating cases that involved these methods. The Court directed that in the matter of talaq, khula, mubaraat, talaq-e-tafwiz, the Family Courts shall entertain such applications moved by either of the parties …

Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit 'Digital' Marriage Unless Special Marriage Act Is Amended: Kerala High Court
4 years ago

Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit 'Digital' Marriage Unless Special Marriage Act Is Amended: Kerala High Court

Live Law  

Unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form, the Kerala High Court observed.Justice PV Asha observed thus while dismissing a woman's plea to permit solemnisation and registration of her marriage on digital platform. Unless the provisions contained …

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC
4 years, 1 month ago

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is estopped from raising plea of invalidity of marriage in maintenance proceedings under Section 125 of CrPC. The observation was made by a Single Bench of Justice Rajendra Chandra Singh Samant while presiding …

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court
4 years, 2 months ago

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court

Live Law  

In an important judgment, Allahabad High Court has held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory.Justice Vivek Chaudhary observed that making such publication mandatory would invade in the fundamental rights of liberty and privacy, including within its. In an important judgment, …

Married Person Living With Someone Else's Spouse An Immoral Act; Can't Give Seal Of Approval By Ordering Police Protection: Rajasthan High Court
4 years, 3 months ago

Married Person Living With Someone Else's Spouse An Immoral Act; Can't Give Seal Of Approval By Ordering Police Protection: Rajasthan High Court

Live Law  

"The married persons living with somebody else's spouse would amount to committing an immoral act and a seal of approval cannot be given by this Court by directing the police to give them protection", remarked the Rajasthan High Court while dismissing a plea for police protection with cost of Rs.10,000/- The Bench of Justice Sanjeev Prakash Sharma was hearing the …

Wife Obtaining Husband's Consent For Marriage Without Revealing Her Cardiac Ailments Is Nothing Short Of Fraud: Kerala HC [Read Order]
4 years, 5 months ago

Wife Obtaining Husband's Consent For Marriage Without Revealing Her Cardiac Ailments Is Nothing Short Of Fraud: Kerala HC [Read Order]

Live Law  

In a matrimonial dispute, wherein the wife, without revealing her cardiac ailments, had obtained the consent of the husband for marriage, the Kerala High Court held that this was the case of suppression of material factum and was undoubtedly a foul play and nothing short of fraud. The Bench of Justice A. M. Shaffique and Justice Mary Joseph was hearing …

How Indian Courts Define A Married Woman's Rightful Place
4 years, 7 months ago

How Indian Courts Define A Married Woman's Rightful Place

Live Law  

Momita was visiting her grandmother at 7 pm on 13 January 2018 when Alamin Miah dropped by and asked her to step outside. Given the subjectivity and society's expectations of marriage, some recent court judgments defining cruelty as a ground for divorce seem to fit the following general rules that define a good wife: A Good Wife Does Not Separate …

Inter-Religious Marriages : Following Complaints Of Misuse, Kerala Govt Stops Publication Of Notice Of Marriage In Website
4 years, 7 months ago

Inter-Religious Marriages : Following Complaints Of Misuse, Kerala Govt Stops Publication Of Notice Of Marriage In Website

Live Law  

The Kerala Government has issued a circular prohibiting the prevailing practice of uploading of 'notices of intended marriage' under Special Marriage Act in the website of Registration Department.The move is on account of many complaints received by the Government that this facility is being misused by some groups for communal propaganda. The Kerala Government has issued a circular prohibiting the …

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]
5 years ago

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Tuesday held that where a man and a woman, during the subsistence of their marriages to other persons, reside as a live in couple, they will not be entitled to any protection under the law. While dismissing the writ petition moved by a live in couple, who "candidly" stated that they had married to other …

Kerala woman protests outside husband's house for giving triple talaq; police registers case against man
5 years, 5 months ago

Kerala woman protests outside husband's house for giving triple talaq; police registers case against man

Firstpost  

Juveira, the woman from Kerala, further claimed that trouble with her husband began a year and a half back when Sameer gave her a talaq but, she refused to accept. Kerala Police has registered a case under the newly former triple talaq law against a Kozhikode man, after his wife sat outside his house for five days, along with their …

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]
5 years, 6 months ago

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]

Live Law  

The Karnataka High Court has overturned a divorce decree granted ex-parte to a husband and remanded the matter back to the family court for fresh consideration, after it was found that husband gave wrong address details of the wife, so that she could not be called upon to file her reply to his divorce petition. The wife argued before the …

Husband Liable To Pay Maintenance When Marriage Was Annulled Due To His Fault : SC Upholds Kerala HC Order
5 years, 6 months ago

Husband Liable To Pay Maintenance When Marriage Was Annulled Due To His Fault : SC Upholds Kerala HC Order

Live Law  

The Supreme Court recently upheld a Kerala High Court judgment that held that where the marriage happened to be annulled or declared null and void due to some mischief or wrong committed by the husband, he will have to pay maintenance under Section 125 of Cr.P.C despite declaration of nullity or annulment of marriage.The bench comprising Justice R. Banumathi and …

Kerala: Man asked to remarry after he requests for marriage certificate post 16 years of wedding
5 years, 8 months ago

Kerala: Man asked to remarry after he requests for marriage certificate post 16 years of wedding

India TV News  

Four government employees were suspended after they asked they refused to hand a man his wedding certificate and instead asked him to marry once more. In a Facebook post on Thursday, Sudhakaran said when he came to know about this man's predicament he could not take the "nonsense" and ordered the suspension. After 16 years of marriage, Madhusoodhan had walked …

Sex On Promise Of Marriage: Subsequent Marriage With Victim Shortly After The Occurrence Shows Accused's Promise Was Not Fraudulent:Kerala HC [Read Order]
5 years, 9 months ago

Sex On Promise Of Marriage: Subsequent Marriage With Victim Shortly After The Occurrence Shows Accused's Promise Was Not Fraudulent:Kerala HC [Read Order]

Live Law  

The Kerala High Court has recently held that If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. The High Court has considered the question whether the consent was given by the victim on false promise of marriage by accused. The …

Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC [Read Judgment]
6 years ago

Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC [Read Judgment]

Live Law  

A spouse who suffered dismissal of original petition for dissolution of marriage on the ground of cruelty, desertion and adultery is not precluded from suing again for dissolution on the same grounds, provided the relief is founded on new facts, the Kerala High Court has held. The bench comprising Justice CK Abdul Rehim and Justice TV Anilkumar set aside a …

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