Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 3 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family court order allowing the husband’s petition seeking divorce on the ground of cruelty and desertion. Furthermore, the bench added that the Family Court had merely considered the fact that the parties lived separately for 11 years and granted divorce on the ground of breakdown of marriage. Therefore, the bench ruled that the family court’s order granting divorce to the husband on the ground of cruelty and breakdown of marriage was not sustainable.

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History of this topic

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
19 hours, 15 minutes ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC
1 day, 22 hours 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S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC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The Orissa High Court has recently held that consent for divorce can be unilaterally withdrawn by a spouse anytime before the passing of decree granting divorce on the basis of mutual consent, even after conclusion of arguments.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 …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
1 week, 4 days ago

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

Hindustan Times  

The Delhi high court has held that a wife can claim interim maintenance under Section 24 of the Hindu Marriage Act even if she does not act upon a settlement with her husband that sought to finalise the maintenance terms. The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite …

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
2 weeks, 3 days ago

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Live Law  

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee observed that the Family Courts should ensure that the. The Delhi …

For divorces in India, the process is the punishment
4 weeks, 1 day 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 …

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court
1 month, 2 weeks ago

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court

Live Law  

The Calcutta High Court has observed that it is high time that irretrievable breakdown of marriage is recognised as a ground for divorce under Indian law, by reading it into the grounds of cruelty or desertion, like it is in the UK.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:It transpires from the consistent conduct and lack of …

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce
1 month, 3 weeks ago

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Live Law  

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. The appellant/wife had filed an appeal under Section 28 …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
1 month, 4 weeks ago

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Live Law  

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing. …

Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court
2 months ago

Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court

Live Law  

The Allahabad High Court has ruled that to seek dissolution of marriage on the ground of denial of sexual intercourse, it must be demonstrated that this denial has been a consistent and ongoing issue over a prolonged period of time. To seek dissolution of marriage on ground of denial of sexual intercourse, such fact occurrence has to seen to have …

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
3 months, 3 weeks ago

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Hindustan Times  

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until the …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
3 months, 4 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
3 months, 4 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 …

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court
4 months, 1 week ago

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court

Live Law  

In a recent case, the Supreme Court expressed dismay over the mechanical approach adopted by the Family Court in granting a divorce decree against the wife despite no fault being attributed to her. Consequently, a divorce petition was filed by the husband on the ground of cruelty which was decreed by the family court against the wife, following which on …

Right To Seek Divorce Is 'Personal Right' Of Individual, Family Cannot Pursue Proceedings After Son's Death: Bombay High Court
5 months, 1 week ago

Right To Seek Divorce Is 'Personal Right' Of Individual, Family Cannot Pursue Proceedings After Son's Death: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court held that the 'right to seek divorce' is a personal right of an individual and the same cannot be extended to the family members of a person, even after his or her death.A division bench of Justices Mangesh Patil and Shailesh Brahme delivered the judgment while dismissing an appeal filed by the …

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court
5 months, 1 week ago

Major Child Entitled To Maintenance Under Hindu Marriage Act Till He Is Pursuing Education And Not Financially Independent: Delhi High Court

Live Law  

The Delhi High Court has ruled that a child is entitled to maintenance under Section 26 of the Hindu Marriage Act, 1955, till the time he is pursuing his education and does not become financially independent.“In our considered view, a child who is pursuing his education would be entitled to maintenance under Section 26 of the HMA even after he …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
5 months, 4 weeks ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

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

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC
6 months ago

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC

Live Law  

The Allahabad High Court has held that marriage cannot be presumed irretrievably broken down just because there has been a long separation period between the parties. The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held that “The decisions of the Supreme Court do not lay down a rule of thumb that the marriage may be presumed to …

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

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
9 months 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 …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
9 months, 3 weeks 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
10 months 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
10 months, 1 week 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 …

Delhi High Court hears plea against conditions on married women using maiden surname
10 months, 1 week ago

Delhi High Court hears plea against conditions on married women using maiden surname

India Today  

The Delhi High Court has issued a notice on a plea challenging the government's notification for obtaining a maiden surname by a woman post-marriage. The plea, filed by Divya Modi, alleged the notification imposed gender bias and "impermissible discrimination" by imposing additional and disproportionate requisites exclusively on women. "This notification poses an obstacle to the Petitioner's right to change her …

Adultery no grounds to deny parental custody: Delhi High Court
11 months, 1 week ago

Adultery no grounds to deny parental custody: Delhi High Court

Hindustan Times  

An adulterous spouse is not equivalent to an incompetent parent and an extramarital affair of a person cannot be the sole determining factor to deny them custody of a child, the Delhi High Court has ruled. The high court said points for consideration in divorce proceedings and custody matters may be co-related but they are always “mutually exclusive”. The high …

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC
11 months, 1 week ago

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court, while upholding a couple's divorce on the grounds of cruelty by the wife, has observed that a wife should not be a constant reminder of one’s financial limitations and one must tread carefully between the needs, wants, and desires. "A wife should not be a constant reminder of one’s financial limitations. Pressurizing spouse to …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
11 months, 1 week ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Delhi High Court upholds law barring marriage of distant relatives
11 months, 2 weeks ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
11 months, 2 weeks ago

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples

Hindustan Times  

The Delhi High Court has upheld the constitutional validity of a provision of the Hindu Marriage Act which prohibits marriages between people who are related to each other through ancestors from their parents' side unless their custom allows them to do so. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, “If the choice of a …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
11 months, 3 weeks 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 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 …

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court
1 year ago

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court

News 18  

The Delhi High Court has recently held that the deprivation of conjugal relationships is an act of extreme cruelty. For a couple to be deprived of each other’s company proves that the marriage cannot survive, and such deprivation of conjugal relationships is an act of extreme cruelty.” While granting a decree of divorce under Section 13 of the Hindu Marriage …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year ago

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC

News 18  

Withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse, the Delhi High Court has said while upholding the divorce granted to a husband by a family court here. Such unilateral withdrawal from divorce by mutual consent thus, amounted to cruelty,” the bench, also comprising Justice Neena Bansal Krishna, …

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, 2 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 …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 2 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 2 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 3 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 …

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 3 months ago

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce

Live Law  

The Delhi High Court has observed that for a married couple to be deprived of the conjugal relationship and of each other’s company is an act of extreme cruelty.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order granting divorce to a husband under Section 13 of the Hindu Marriage Act, 1956, …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 3 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 Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
1 year, 3 months ago

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

Live Law  

The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29 of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 3 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 …

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
1 year, 3 months ago

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court

Live Law  

The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B of the Hindu Marriage Act, 1955 in a mechanical manner. The Court noted that the Family Court had made a ‘superficial observation’ regarding the parties living separately for …

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court
1 year, 3 months ago

Divorced Daughter Not 'Dependant' U/S 21 Hindu Adoptions & Maintenance Act, Not Entitled To Maintenance From Late Father's Estate: Delhi High Court

Live Law  

The Delhi High Court has observed that a divorced daughter is not a “dependent” under the Hindu Adoptions and Maintenance Act, 1956, and that she is not entitled to claim maintenance from the estate of her deceased father.“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a “divorced daughter” does not …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 3 months ago

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC
1 year, 4 months ago

Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC

Live Law  

The Delhi High Court has made some striking observations with respect to the Hindu Marriage Act 1955 not recognizing incompatibility of a married couple as a ground for divorce, leaving such couples to "suffer acrimonious relationship" with no exit. "Unless the opposite party was shown to be at fault, whether it was for ‘Adultery’, ‘Cruelty’, ‘Desertion’ or other grounds as …

Delhi High Court Courts Cannot Be Used As Marriage Facilitators Between Parties In Sexual Offence Cases
1 year, 4 months ago

Delhi High Court Courts Cannot Be Used As Marriage Facilitators Between Parties In Sexual Offence Cases

ABP News  

The Delhi High Court Monday said courts cannot be used as "marriage facilitators" between parties in sexual offence cases. "In this court's opinion, the courts of law cannot be used as a forum for the purpose of facilitating marriages and be used as marriage facilitators by first lodging an FIR alleging that the accused, after establishing physical relations, had refused …

From the India Today archives (2022) | How a Uniform Civil Code can affect divorce
1 year, 6 months ago

From the India Today archives (2022) | How a Uniform Civil Code can affect divorce

India Today  

The constitutional objective of a Uniform Civil Code is to frame religion-neutral common laws on marriage, divorce and inheritance for all Indians. DIVORCE LAWS FOR HINDUS * Under the Hindu Marriage Act, 1955, the husband or wife can seek divorce on nine grounds. DIVORCE LAWS FOR MUSLIMS * Under Islamic law, divorce is classified into three categories: talaq or divorce …

Law Does Not Recognise Live-In Relationship As Marriage, Couples Living Together By Virtue Of Agreement Can't Seek Divorce: Kerala High Court
1 year, 6 months ago

Law Does Not Recognise Live-In Relationship As Marriage, Couples Living Together By Virtue Of Agreement Can't Seek Divorce: Kerala High Court

Live Law  

The Kerala High Court recently held that the law does not recognise a live in relationship as marriage and hence such a relationship cannot be recognised for the purpose of divorce either. The law only allows parties to divorce if they are married under a recognised form of marriage as per personal law or secular law, the Court observed. The …

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 7 months ago

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court

Live Law  

The Delhi High Court has ruled that a daughter in law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same.“Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of …

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