[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 8 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of the wife has to be prioritised in a petition for transfer of. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of the wife has to be prioritised in a petition for transfer of a matrimonial dispute. The transfer petition filed by the wife was rejected by the Family Court observing that ".wife is aged 69 years and the husband is aged 72 years.

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History of this topic

Biological parent’s consent needed for adoption of child by step-parent: Kerala High Court
2 weeks, 1 day ago

Biological parent’s consent needed for adoption of child by step-parent: Kerala High Court

The Hindu  

The Kerala High Court has held that adoption of a child by his/her step-parent cannot be permitted as long as the biological parent does not give consent for the adoption. Dias made the ruling on Wednesday while dismissing a petition filed by a re-married woman seeking to relax the stipulation of obtaining consent from her former husband for adopting the …

Kerala High Court Grants Police Protection To Interfaith Couple From Jharkhand Who Fled To Kerala And Got Married
3 weeks, 1 day ago

Kerala High Court Grants Police Protection To Interfaith Couple From Jharkhand Who Fled To Kerala And Got Married

Live Law  

The Kerala High Court ordered for police protection to an interfaith couple from Jharkhand who fled their home state due to threat from their families, came to Kerala and got married. The 3rd respondent shall ensure that the petitioners are not repatriated to any other place during the pendency of the writ petition.” The petitioners, Asha Verma and Mohammad Ghalib …

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

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked
1 month, 3 weeks ago

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

Live Law  

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated …

Kerala High Court quashes delimitation order in eight municipalities, one panchayat
3 months ago

Kerala High Court quashes delimitation order in eight municipalities, one panchayat

New Indian Express  

Kerala HC seeks government’s view on new year party The High Court has sought the state government’s opinion on a petition seeking to prohibit the proposed new year music festival on December 31 at Chulika Estate, a landslide-prone area, organised by Boby Chemmanur. Planning a New Year party there barely six months after the landslide incident?” asked the court and …

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC
3 months, 3 weeks ago

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer of the …

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC
3 months, 3 weeks ago

Wife Must Show Cogent Reasons To Transfer Matrimonial Proceedings Instituted By Her, Mere Transferrable Job Not Ground: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the transfer of matrimonial cases cannot be allowed merely on the ground that the wife being in transferable job has shifted to another place.Justice Sumeet Goel said, "In case; if wife in question is employed in a transferable job, she cannot be permitted to seek transfer nay repeated transfer of the …

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
4 months ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father
4 months, 1 week ago

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

Live Law  

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression. Snehalatha observed that the Family Court should not have granted permanent custody the daughter to the father …

Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent
6 months, 1 week ago

Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent

Live Law  

The Kerala High Court has permitted a mother to take her minor children to UAE by invoking its parens patriae jurisdiction. A petitioner mother has approached the Court seeking permission to take her children to the UAE to obtain permanent residency, as the children's father did not provide a no-objection certificate for their relocation. Since the 3rd respondent did not …

Kerala High Court:Divorced Wife Can't Be Evicted From 'Shared Household' Without Due Process
8 months, 3 weeks 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 …

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
9 months, 3 weeks 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 …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
10 months, 3 weeks ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts
11 months ago

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts

Live Law  

A plea has been moved before the Kerala High Court seeking a direction to the Union Government and State Government for the formulation of welfare measures to ensure legal representation of Non-Resident Indians in foreign courts. The Court in UAE granted divorce without giving an opportunity of hearing to the petitioner and gave joint custody to the parties without considering …

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court
11 months ago

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court

Live Law  

The Kerala High Court reiterated that the same court shall try cross cases. On analyzing judicial precedents pertaining to trial of cross cases, The Court laid down the following reasons to state that the same court shall try cross cases. The parties sought committal of the case pending before the Magistrate to the Special Court since both cases are cross …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
11 months, 1 week 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 …

Kerala High Court Annual Digest 2023: Criminal Law
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Criminal Law

Live Law  

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case Case Title: T. A. Abdul Sathar v. The State of Kerala and Ors. v. State of Kerala Citation: 2023 LiveLaw 120 The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused …

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

Kerala High Court Dismisses Habeas Corpus Plea
1 year, 3 months ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity
1 year, 3 months ago

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity

Live Law  

The Kerala High Court on Wednesday passed an interim order directing the Registry to remove name and details of a lady published on the court's website in connection with a matrimonial appeal, as it affected her reputation and dignity. Action in this regard shall be intimated to this Court in due course.” The petitioner, a well-known dentist in the Middle …

Kerala High Court Refuses Anticipatory Bail To Family Accused Of Cheating Woman Through Fake Matrimonial Profile
1 year, 4 months ago

Kerala High Court Refuses Anticipatory Bail To Family Accused Of Cheating Woman Through Fake Matrimonial Profile

Live Law  

The Kerala High Court recently refused to grant anticipatory bail to three persons who had allegedly cheated a woman by putting up a fake profile on a matrimonial website. The prosecution allegation was that the 1st petitioner who is a 38 year old man who is already married, had put up a matrimonial profile claiming himself to be a doctor, …

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia
1 year, 5 months ago

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia

Hindustan Times  

Kochi: The Kerala high court recently allowed an 80-year-old woman to be reunited with her nonagenarian husband who was suffering from dementia, observing that the right of the wife of a senior citizen for his custody and consortium is “inviolable and absolute”. A single bench of the Kerala high court, in a ruling on October 6, accepted the writ petition …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 5 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 6 months ago

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court

Live Law  

The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of. "In the wrangling …

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 …

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court
1 year, 7 months ago

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that proceedings initiated under the Protection of Women from Domestic Violence Act, 2005 before a Judicial Magistrate of the First Class cannot be transferred to a Family Court. Act, no application under Section 12 pending before a Magistrate can be transferred to a Family Court," the Bench observed. Act by filing an …

[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court
1 year, 8 months ago

[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court

Live Law  

The Kerala High Court recently reiterated that the inability of persons transferring possessory rights to produce prior title documents is not a valid reason for the Sub Registrar to refuse registration.Justice Gopinath P thus emphasised that possessory rights can be transferred without any legal barriers, emphasising that the Sub Registrar should not inquire into the nature of. The Kerala High …

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband
1 year, 9 months ago

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband

Live Law  

The Uttarakhand High Court, while declining to issue the writ of habeas corpus in favour of a husband, has allowed his wife to stay with her friend with whom she is residing on her own free will. Thus, he filed a writ petition in the High Court seeking issuance of a writ of habeas corpus to get back his wife. …

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody
1 year, 9 months ago

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Live Law  

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 9 months ago

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court

Live Law  

The Kerala High Court recently held that married daughters belonging to the Hindu Malayala Kammala caste would also be entitled to a share in the self-acquired property of their parent. It held that any custom governing intestate succession in respect of the self acquired property of a Hindu that was inconsistent with the provisions of the Hindu Succession Act, 1956, …

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court
1 year, 9 months ago

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. Observing that obviously the two suits will have their own issues but same is no ground for denying the request for clubbing, the court said: "It is also …

High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court
1 year, 9 months ago

High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court

Live Law  

The Kerala High Court recently held that High Court has the power to prescribe conditions for inter district transfers of employees in the administrative side of the judiciary. Such control is exclusive in nature, comprehensive in extent and effective in operation.” The Court in this case upheld an Office Memorandum issued by the Registrar General of the High Court, which …

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court
1 year, 10 months ago

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court

Live Law  

The Delhi High Court has observed that a wife can seek production of evidence or documents to prove the charge of adultery levelled by her against the husband in a divorce petition before family court and same will be in consonance with section 14 of Family Courts Act.“….when a wife seeks the help of the Court for procuring evidence which …

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal
1 year, 11 months ago

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal

News 18  

A division bench of the Bombay High Court comprising Justice RD Dhanuka and Justice MM Sathaye has recently refused to grant any relief to a divorced woman who remarried a German national during the appeal period while observing that it was a “classic case of litigants trying to overreach the law”. The high court was hearing an application filed by …

Another couple moves Madras High Court challenging upper age limit fixed under Assisted Reproductive Technology Act
1 year, 11 months ago

Another couple moves Madras High Court challenging upper age limit fixed under Assisted Reproductive Technology Act

The Hindu  

One more couple moved the Madras High Court on Wednesday, challenging the Constitutional validity of Section 21 of the Assisted Reproductive Technology Act of 2021 which states that only women between 21 and 50 years of age and men between 21 and 55 years of age can avail of assisted reproductive technology services. A First Division Bench of Acting Chief …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 11 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

Family Court Does Not Have Jurisdiction To Entertain Claim For Defamation: Kerala High Court
2 years, 1 month ago

Family Court Does Not Have Jurisdiction To Entertain Claim For Defamation: Kerala High Court

Live Law  

The Kerala High Court on Wednesday held that a family court does not have the jurisdiction to entertain a claim for defamation. For a family court to assume jurisdiction, the dispute must have a proximate relationship to the marital relationship of the parties, the court observed. The explanation of Section 7 of the Family Courts Act, states that the family …

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer
2 years, 1 month ago

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer

Live Law  

Granting relief to the husband in a matrimonial dispute case, the Punjab And Haryana High Court observed that it isn't the case that transfer of a case is always allowed in favor of the wife.With this, the bench of Justice Nidhi Gupta allowed the transfer plea filed by a husband and ordered to transfer oa case filed by the wife …

Wife Has No Right To Obstruct Sale Of Estranged Husband’s Home When He Is Willing To Provide Her Similar Rented Accommodation: Bombay High Court
2 years, 1 month ago

Wife Has No Right To Obstruct Sale Of Estranged Husband’s Home When He Is Willing To Provide Her Similar Rented Accommodation: Bombay High Court

Live Law  

A woman doesn’t have the right to obstruct the sale of her estranged husband’s home if he is willing to provide her a rented accommodation with similar facilities, the Bombay High Court has held.The court made the observation while refusing to interfere with an order of the Family Court permitting the husband to sell the flat for clearing an outstanding …

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling
2 years, 1 month ago

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling

Live Law  

The Supreme Court on Monday stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.Challenging the High Court …

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea
2 years, 2 months ago

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea

News 18  

The Calcutta High Court recently dismissed a plea moved by a husband to transfer the case for maintenance filed by his wife. The single-judge bench noted that in his revision plea, the husband said the case filed by his wife may be transferred to any court, except Burdwan, where the wife was currently residing, which prima facie proved his ill-intention. …

Important Judgments Of Kerala High Court In 2022
2 years, 2 months ago

Important Judgments Of Kerala High Court In 2022

Live Law  

LiveLaw reported 671 judgements from Kerala High Court in 2022. Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court Case Title: Thomas P. & Anr v. State of Kerala & Ors Citation: 2022 LiveLaw 15 The Court recently laid down that the Family Court with the respective territorial jurisdiction is …

Kerala High Court declares unconstitutional stipulation of 1-yr separation or more for filing divorce plea
2 years, 3 months ago

Kerala High Court declares unconstitutional stipulation of 1-yr separation or more for filing divorce plea

Firstpost  

The High Court gave this order on a plea filed by a young Christian couple challenging the fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 as being violative of fundamental rights Kochi: The Kerala High Court has declared as unconstitutional the stipulation of one year of separation or more for …

[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 …

Kerala High Court Allows Senior Citizen To Seek Sperm Freezing In Plea Challenging Age-Limit Under Assisted Reproductive Technology Act
2 years, 5 months ago

Kerala High Court Allows Senior Citizen To Seek Sperm Freezing In Plea Challenging Age-Limit Under Assisted Reproductive Technology Act

Live Law  

In a notable order, the Kerala High Court recently allowed a senior citizen aged 61 years to seek cycro-preservation of his sperm, considering the fact that he was suffering from a rare cardiac condition.A single bench of Justice VG Arun granted this interim relief while considering a writ petition filed by the man and his 39 year old wife challenging …

For youngsters, wife is Worry Invited for Ever’: Kerala HC
2 years, 6 months ago

For youngsters, wife is Worry Invited for Ever’: Kerala HC

Live Mint  

Kerala High Court on Thursday lamented over the rising disinterest in marriages among youngsters. The court expressed concern that the younger generation is considering marriage as an "evil" and was avoiding it to "enjoy free life", according to a report by Live Law. Further, the judges said that the current generation's men have changed the meaning of the "WIFE' word …

Law Considers Women As 'Weaker Section' Of Society Requiring More Protection: Bombay High Court While Transferring Matrimonial Case
2 years, 6 months ago

Law Considers Women As 'Weaker Section' Of Society Requiring More Protection: Bombay High Court While Transferring Matrimonial Case

Live Law  

The Bombay High Court last week transferred a matrimonial case observing that law considers women as belonging to weaker section of society and her inconvenience needs to be prioritized. The court observed, "Even though this reason may be of some importance, the fact that the Applicant in Miscellaneous Civil Application No.171 of 2022 is a lady, her inconvenience needs to …

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court
2 years, 7 months ago

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Live Law  

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney. Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child. …

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court
2 years, 7 months ago

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court

Live Law  

The Madhya Pradesh High Court recently in an application for transfer of a matrimonial case observed that when it's the husband who has the custody of the minor children, more weightage has to be given to his convenience compared to that of the wife. The bench comprising of Justice Nandita Dubey further noted that under such circumstances, the husband cannot …

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