Karnataka HC ‘cautions’ Family Courts to be more alive and alert while deciding Divorce cases [Read Judgment]
8 years, 8 months ago

Karnataka HC ‘cautions’ Family Courts to be more alive and alert while deciding Divorce cases [Read Judgment]

Live Law  

Even if there is any apprehension of recurring of schizophrenic symptoms, the answer is in re-modeling the medicine, but not in amputing her marital/emotional life itself, the Court observed.Setting aside a Family Court Judgment which had granted divorce to a Husband from his ‘Schizophrenic’ wife, the Karnataka High Court has cautioned Family Courts to be more alive or alert to each. Setting aside a Family Court Judgment which had granted divorce to a Husband from his ‘Schizophrenic’ wife, the Karnataka High Court has cautioned Family Courts to be more alive or alert to each case before them. In the instant case, the Family Court had allowed the Divorce petition both on the ground of mental cruelty and also on the ground of incurable unsoundness of mind. Without giving a breathing time for the relationship to settle and crystallize, husband has hurried to the Court.” Cautioning the Family courts to be more alive and alert while deciding divorce cases, the Court observed: “We are taken aback by the endeavour made by the Family Court in taking the case to one of violation of Section 5 of the Act, which stipulates conditions of a valid marriage.

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History of this topic

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court
1 week, 5 days ago

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court

Live Law  

The Orissa High Court has held that dispute as to marital status of parties comes within the exclusive jurisdiction of the Family Court established under the Family Courts Act, 1984 and the same cannot be decided by any other civil court. Court's Observations The Court admitted the second appeal filed under Section 100 read with Order XLII Rule 1 of …

Make family courts child-friendly, says child rights panel
3 weeks, 5 days ago

Make family courts child-friendly, says child rights panel

New Indian Express  

THIRUVANANTHAPURAM: Family courts should be made ‘child-friendly’ taking into account the huge physical, mental and emotional stress that children accompanying their parents undergo during the hearing of divorce petitions, the state child rights commission has recommended. The recommendation forms part of a study undertaken by the commission on the problems faced by children of couples undergoing divorce proceedings and the …

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court
1 month ago

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has held that a suit relating to the declaration of a matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act and the family court would have jurisdiction to adjudicate them. Relying on the judgment of the High Court in the case of Bhuvaneshwari vs. …

Family courts must become litigant-friendly, not adopt rigid practices: Madras High Court
1 month, 3 weeks ago

Family courts must become litigant-friendly, not adopt rigid practices: Madras High Court

The Hindu  

Family courts must remember that “the courts are for litigants and litigants are not for the courts,” the Madras High Court has said. “Even the most educated and privileged litigants may not necessarily be adept with the legal procedure and formalities,” the judge said and clarified that litigants could engage lawyers to draft the petitions and also to represent them …

Efforts to safeguard women admirable but challenges faced by men cannot be overlooked: Karnataka High Court
2 months ago

Efforts to safeguard women admirable but challenges faced by men cannot be overlooked: Karnataka High Court

The Hindu  

Equality should be in its truest sense and not at the expense of either gender, the High Court of Karnataka has said while pointing out that “however admirable our efforts to safeguard women may be, we should not overlook the challenges encountered by men in society”. It will focus on equal treatment of men and women both in domestic affairs …

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

High Court upholds divorce over woman's false case to change husband's behaviour
2 months, 1 week ago

High Court upholds divorce over woman's false case to change husband's behaviour

India Today  

The Bombay High Court has upheld a Thane Family Court judgment dissolving the marriage of a couple, ruling that filing false allegations of cruelty against a spouse constitutes mental cruelty. A division bench comprising Justices GS Kulkarni and Advait Sethna dismissed the wife's appeal challenging the Family Court's decision, which had granted divorce in favour of the husband on grounds …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 2 weeks ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint  

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court
Trending News
2 months, 2 weeks ago

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Live Law  

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, …

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

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC
3 months ago

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC

Live Law  

Justice K. Sujana while referring to Andhra Pradesh High Court's decision in Duvvuri Rami Reddi Vs Duvvudu Papi Reddy and others, which lays down certain principles to be followed while declaring a person of unsound mind, said: The Telangana High Court has underscored that courts must proceed with utmost caution in matters involving persons of unsound mind so that their …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
3 months ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

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

‘Dangers of dating apps’... Why Karnataka High Court stayed case against man accused of rape
3 months, 1 week ago

‘Dangers of dating apps’... Why Karnataka High Court stayed case against man accused of rape

Live Mint  

A bench of Justice M Nagaprasanna of the Karnataka High Court on December 16 stayed proceedings against a man accused of rape and highlighted the “dangers of dating apps”, according to a report by India Today. It added that the police chargesheet did not account for the petitioner and defendants online chats and raised credibility about the “verbatim” witness statements …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 2 weeks ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship
4 months, 1 week ago

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Live Law  

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. Seeking to quash the prosecution the …

Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court
4 months, 1 week ago

Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasized the role of family courts under the Family Courts Act, 1984, asserting that these courts must strive to mediate and help the parties reach a fair settlement. However, upon transfer to the Principal Sessions Judge, Family Court, Srinagar, under the Family Courts Act, the case took a different view and …

​Judge and prejudice: On conduct in judicial proceedings
5 months, 3 weeks ago

​Judge and prejudice: On conduct in judicial proceedings

The Hindu  

The Supreme Court of India has rapped judges over the knuckles, asking them to refrain from making “casual observations” that reveal their communal bias or misogyny. Taking suo motu cognisance of video clips featuring Karnataka High Court Judge V. Srishananda and his sexist comments to a woman lawyer on two separate judicial proceedings, a five-judge Special Bench headed by Chief …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
7 months, 3 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 …

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

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

Live Law  

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

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
8 months, 2 weeks ago

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue …

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him
8 months, 3 weeks ago

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him

The Hindu  

In a rare instance, the High Court of Karnataka has given liberty to a 35-year-old man to initiate proceedings against his wife for malicious prosecution or proceedings under Section 211 of the Indian Penal Code for making the false charge of offences, including the offence of dowry harassment, against him. However, the court, from the records, found that the “documents …

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 …

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence
11 months, 1 week ago

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

Live Law  

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked, “It appears that the trial court has morally convicted the accused in the absence of …

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
1 year, 1 month ago

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC

Live Law  

The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination. A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced by …

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023
1 year, 3 months ago

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023

Live Law  

Nominal Index: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur. 2023 LiveLaw 456 Harish B T And Life Insurance Corporation of India 2023 LiveLaw 457 PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court Case Title: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur Case …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 3 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 4 months ago

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters

Live Law  

The Karnataka High Court on Monday issued notices to the Union and State Government on a suo-motu petition for guidelines to be followed while determining issues of child custody. However, courts are also confronted by cases of relocation, abandonment, neglect, abuse, mental health concerns, parents who are psychologically/financially/physically unfit to care for their children, other relatives such as grandparents/aunts/uncles/community members …

Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce
1 year, 7 months ago

Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce

Firstpost  

During cross-examination, when asked if she would be willing to reconcile with her husband, the wife expressed her willingness but asserted that she would not withdraw the complaints lodged against her husband and his family In a recent ruling, the Karnataka High Court while granting dissolution of marriage to a couple, highlighted that a woman repeatedly calling her husband dark-skin …

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court
1 year, 7 months ago

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court

Live Law  

The Karnataka High Court has said courts should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year. A single judge bench of Justice Krishna S Dixit said “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession …

Indian court’s verdict expands rights of homemakers and recognises value of chores
1 year, 8 months ago

Indian court’s verdict expands rights of homemakers and recognises value of chores

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A court in India has …

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 …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 11 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

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 …

The burden of a family court
2 years ago

The burden of a family court

The Hindu  

As a court reporter, I often visit the only family court in Mumbai for stories. Judges in family courts hear not just cases of divorce, but also of maintenance, child custody and alimony. Swati Chauhan, principal judge at the family court, whose idea this was, said many women came to the court with their infants. Recently, Maharashtra Deputy Chief Minister …

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 …

All High Courts Family Law Digest 2022
2 years, 1 month ago

All High Courts Family Law Digest 2022

Live Law  

LiveLaw brings to you the most awaited High Courts Digest on Family law cases from the year 2022.ALLAHABAD HIGH COURT Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High CourtCase title - Sanjeev Rai v. State of U.P. Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court Case Title: …

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment
2 years, 3 months ago

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment

Live Law  

The Karnataka Government has supported the prosecution of a husband in a case for marital rape. The State has filed an affidavit in the Supreme Court supporting a Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife.In this connection, it is worthwhile to note that the Central Government …

Karnataka High Court acquits all accused in 2012 RTI activist murder case
2 years, 4 months ago

Karnataka High Court acquits all accused in 2012 RTI activist murder case

Firstpost  

After the completion of the trial, the Additional City Civil and Sessions Judge court on 28 October 2020 found the accused guilty and sentenced them to life imprisonment Bengaluru: The Karnataka High Court has acquitted all the 12 accused in a case relating to the murder of RTI activist and editor of ‘Maha Prachanda’ newspaper Lingaraju back in 2012 citing …

Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court
2 years, 4 months ago

Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court

Live Law  

The Karnataka High Court recently refused bail to a man involved in a murder investigation, seeking release to attend his pregnant wife whose delivery date is soon due. A single judge bench of Justice Shivashankar Amarannavar sitting at Dharwad remarked, At least 31 persons are accused in the case relating to complainant's assault and the murder of his brother amidst …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 4 months ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law  

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

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 …

Karnataka High Court quashes rape case as victim marries accused
2 years, 7 months ago

Karnataka High Court quashes rape case as victim marries accused

The Hindu  

The High Court of Karnataka has found it meaningless to continue criminal proceedings against 20-year-old youth for the charges of rape of a 17-year-old, as the girl, who was in love with him, voluntarily married him after she attained 18 years of age, gave birth to a child a year after the marriage, and is living with him. The case …

'Family planning is not cruelty': Karnataka High Court
2 years, 7 months ago

'Family planning is not cruelty': Karnataka High Court

India TV News  

Highlights Husband talking to his wife on when to have baby can not be considered as cruelty: Karnataka HC Bench headed by Justice Shastri quashed charges alleging harassment by husband, mother-in-law Bench said that couple are educated and have spoken to each other before marriage about their future In a major development, Karnataka High Court has observed that a husband …

Supreme Court Stays Karnataka HC Judgment Which Allowed Trial Of Husband For Marital Rape
2 years, 8 months ago

Supreme Court Stays Karnataka HC Judgment Which Allowed Trial Of Husband For Marital Rape

Live Law  

The Supreme Court on Tuesday stayed the judgment of the Karnataka High Court which allowed the trial of a husband for the offence of rape alleged by his wife.A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli passed an order of ad-interim stay of the High Court's judgment dated March 23, 2022, till …

Young Minds Develop Negative Notions Of Justice Delivery System: Kerala HC Suggests Introducing Child-Friendly Rooms In Family Courts
2 years, 8 months ago

Young Minds Develop Negative Notions Of Justice Delivery System: Kerala HC Suggests Introducing Child-Friendly Rooms In Family Courts

Live Law  

The Kerala High Court has suggested introducing child-friendly rooms in all Family Courts in the State after finding that they were operating with inadequate infrastructure and facilities. The Court thereby directed the Registrar of the District Judiciary to submit a report on the number of POCSO Courts functioning in the near vicinity of all Family Courts and to explore the …

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC
2 years, 10 months ago

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC

ABP News  

New Delhi: The Chhattisgarh High Court recently noted that a wife persistently putting constraint on husband to get separated from his parents and threatening him to in a false dowry demand case would amount to mental cruelty, reported Bar and Bench. A two-judge bench committee composed of judges Goutam Bhaduri and NK Chandravanshi was hearing a petition filed by a …

Party May Not Press Relief But Can't Prevent Family Court From Finding The Truth: Kerala High Court
2 years, 11 months ago

Party May Not Press Relief But Can't Prevent Family Court From Finding The Truth: Kerala High Court

Live Law  

The Kerala High Court recently held that the master of the proceedings before the Family Court is the presiding officer of the Family Court and not the parties while reiterating that the Family Court is competent to undertake any enquiry to find the truth.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas observed that a party may …

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 …

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC
3 years, 1 month ago

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC

Live Law  

In a noteworthy judgment, the Kerala High Court on Wednesday made several important observations on matrimonial cruelty and the scope of revival of condoned matrimonial offences. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas dismissed an appeal filed by a woman seeking to reverse the order of a Family Court which rejected her plea for divorce …

'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 …

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