Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC
2 years, 6 months ago

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently allowed the plea for divorce made by a husband after failure to persuade his wife to accompany him to the matrimonial home and her reluctance to join him even after passing of a decree in his favour under Section 9 of Hindu Marriage Act for restitution of conjugal rights.A bench of Justices Goutam Bhaduri and Radhakishan Agrawal set aside an order of. The Chhattisgarh High Court recently allowed the plea for divorce made by a husband after failure to persuade his wife to accompany him to the matrimonial home and her reluctance to join him even after passing of a decree in his favour under Section 9 of Hindu Marriage Act for restitution of conjugal rights. A bench of Justices Goutam Bhaduri and Radhakishan Agrawal set aside an order of Family Court, which had refused to dissolve his marriage observing that it cannot be said that the wife deserted him when he himself did not take steps for enforcing the decree for restitution of conjugal rights. The bench made it clear that the husband's failure to put the decree to execution does not forgo the wife's act of desertion.

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History of this topic

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea
2 weeks, 3 days ago

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

Live Law  

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings. “While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said. The Court was dealing with a wife's plea …

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
3 weeks, 3 days ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

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

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

Live Law  

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

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 …

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

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

Live Law  

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

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 1 week 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 can get maintenance from husband even if she doesn’t abide by cohabit decree: SC
2 months, 1 week ago

Wife can get maintenance from husband even if she doesn’t abide by cohabit decree: SC

The Hindu  

In a significant judgement, the Supreme Court has ruled that a woman can be given the right to maintenance from her husband even after she has not complied with the decree to cohabit with her spouse if she has valid and sufficient reason to refuse to live with him. A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar …

Wife Can Claim Maintenance From Husband Even If She Doesn't Live With Him As Per Decree On Conjugal Rights Restitution : Supreme Court
Trending News
2 months, 1 week ago

Wife Can Claim Maintenance From Husband Even If She Doesn't Live With Him As Per Decree On Conjugal Rights Restitution : Supreme Court

Live Law  

In a notable ruling, the Supreme Court yesterday held that a wife, even if she refuses to live with her husband despite a decree of restitution of conjugal rights against her, is entitled to claim maintenance under Section 125 of the Cr.P.C.The issue before the bench comprising CJI Sanjiv Khanna and Justice Sanjay Kumar was that “Will a husband, who …

Can’t deny aid to estranged wife for refusing to return: SC
2 months, 2 weeks ago

Can’t deny aid to estranged wife for refusing to return: SC

Hindustan Times  

In a landmark ruling that strengthens a woman’s right to autonomy, the Supreme Court on Friday held that a man cannot deny maintenance to his estranged wife solely because she refuses to live with him despite the husband securing a decree of restitution of conjugal rights. The judgment, delivered by a bench comprising Chief Justice of India Sanjiv Khanna and …

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC
2 months, 3 weeks ago

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC

Live Law  

The Allahabad High Court has observed that a 'free-willed' wife's acts of travelling alone or interacting with members of civil society without engaging in any illegal or immoral relationships cannot be considered an act of cruelty against her husband. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, however, added that a wife's conduct of only seeking to …

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

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 1 week ago

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

Live Law  

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

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

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

Live Law  

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

Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC
6 months, 2 weeks ago

Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC

Live Law  

The Allahabad High Court has held that where there is long period of separation, a decade in this case, the Family Court cannot refuse to grant decree of divorce and disregard the emotions and feelings of the parties who are no longer affectionate towards each. The bench comprising of Justice Rajan Roy Singh and Justice Subhash Vidyarthi held “By refusing …

Allahabad HC grants divorce to man deserted by wife over a decade ago
6 months, 3 weeks ago

Allahabad HC grants divorce to man deserted by wife over a decade ago

Hindustan Times  

The Lucknow bench of the Allahabad high court has granted divorce to a man whose wife had deserted him more than 10 years ago. The court said the facts and circumstances of the case and evidence make out the grounds for cruelty and desertion by wife. The court said the facts are sufficient for granting divorce in favour of the …

Allahabad HC grants divorce to husband on grounds of cruelty by wife
6 months, 3 weeks ago

Allahabad HC grants divorce to husband on grounds of cruelty by wife

Hindustan Times  

The Lucknow bench of the Allahabad high court in a family matter has ruled that if a wife declines to cohabit with her husband and forces him to live in a separate room, her actions will amount to cruelty. The court said by doing so, the wife deprives her husband of his conjugal rights. After hearing the matter, the bench …

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court
6 months, 3 weeks 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 …

Divorce must be granted if cruelty is proven: Allahabad HC
9 months, 2 weeks ago

Divorce must be granted if cruelty is proven: Allahabad HC

Hindustan Times  

Dissolving a marriage, the Lucknow bench of the Allahabad high court has ruled that once cruelty is proven, the suit for divorce must be decreed. The court overturned a family court’s decision that dismissed a husband’s suit for divorce while allowing his wife’s suit for restitution of conjugal rights, despite clear evidence of cruelty inflicted upon the husband by the …

Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC
11 months, 2 weeks ago

Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC

Live Law  

The Allahabad High Court has observed that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot later demand the same. A bench of Justice Vipin Chandra Dixit opined thus while ALLOWING a revision plea moved by a husband challenging an order of the Family Court passed …

Supreme Court Dismisses Plea Against Enforcing No-Fault Divorces Granted by UAE Courts In India
1 year, 1 month ago

Supreme Court Dismisses Plea Against Enforcing No-Fault Divorces Granted by UAE Courts In India

Live Law  

The Supreme Court recently dismissed a Writ petition challenging the implementation of no-fault divorces granted by courts in the United Arab Emirates. It reads as: “Divorce by unilateral will: It suffices for a divorce to be sought end take place that either spouse expresses before the court his/her wish to separate and not continue with the marital relationship, without the …

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court
1 year, 4 months ago

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court

Live Law  

Madhya Pradesh High Court has recently laid down in unequivocal terms that the findings of a family court made in a maintenance application under Section 125 CrPC would have no binding effect on a court considering a case under the Prevention of Women From Domestic Violence Act, 2005. In Gyan Singh, the findings given in a proceeding under the Domestic …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 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 …

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
1 year, 6 months ago

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

Live Law  

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient …

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

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

Live Law  

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

‘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 …

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC
2 years, 2 months ago

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC

Live Law  

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband. By way of a written compromise made in 1993, the husband deposited Rs.3 lac in favour of his wife …

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 …

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
2 years, 7 months ago

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband. The bench comprising Justice Alka Sarin further added that even before this Court, the counsel for the decree-holder/wife has not been …

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 …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 10 months ago

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge, directing him …

'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'
3 years, 1 month ago

'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'

Live Law  

The Supreme Court dissolved marriage on the ground of desertion observing that the 'wife' has not pleaded and established any reasonable cause for remaining away from her matrimonial home.The petition filed by the 'husband' on the grounds of cruelty and desertion was dismissed by the District Court. The Supreme Court dissolved marriage on the ground of desertion observing that the …

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC
3 years, 1 month ago

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC

Live Law  

In a significant order, the Chhattisgarh High Court has observed that if a wife leaves her matrimonial home due to the fact that her husband keeps another lady, and inflicts physical and mental torture upon her, then it cannot be presumed as desertion on the part of the wife.With this observation, the Bench of Justice Goutam Bhaduri and Justice Rajani …

Living Together Won't Confer Any Matrimonial Right: HC
3 years, 4 months ago

Living Together Won't Confer Any Matrimonial Right: HC

News 18  

Long cohabitation or living together will not confer upon the parties any legal right to raise a matrimonial dispute before a Family Court, unless their marriage has been solemnized in a manner known to law, the Madras High Court has ruled. Originally, Kalaiselvi had moved a Family Court in Coimbatore seeking restitution of conjugal rights under Section 32 of the …

When Spouse Refuses Offer To Cohabit Without Reasonable Cause, It Amounts To 'Constructive Desertion': Kerala High Court
3 years, 7 months ago

When Spouse Refuses Offer To Cohabit Without Reasonable Cause, It Amounts To 'Constructive Desertion': Kerala High Court

Live Law  

The Kerala High Court has held that when the appellant-husband makes an offer to resume the marital relationship, and the respondent-wife resists without any reasonable cause, failing to resume cohabitation, it would amount to "constructive desertion". While allowing an application for dissolution of marriage, a division bench of Justices A. Muhamed Mustaque and Kauser Edappagath drew from the Supreme Court …

Wife not husband’s chattel, can't be forced to live with him, says Supreme Court
4 years ago

Wife not husband’s chattel, can't be forced to live with him, says Supreme Court

Hindustan Times  

A woman is not a chattel to be forced to live with her husband, observed the Supreme Court on Tuesday, hearing a case where a man sought an order from the court to his spouse to start living with him again. Is a wife a chattel that she can be directed to go with you?” asked an SC bench of …

Harming reputation ground for divorce, says Supreme Court
4 years ago

Harming reputation ground for divorce, says Supreme Court

Hindustan Times  

A divorce can be granted when the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, ruled the Supreme Court on Friday, as it allowed the petition of an army officer whose wife wrote several complaints against him to his superiors and to women’s rights bodies. An SC bench, headed by justice Sanjay …

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

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

Live Law  

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

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court
4 years, 1 month ago

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court

Live Law  

The Kerala High Court has delivered a notable judgment holding that unilateral withdrawal of consent by a spouse from a joint petition filed for divorce, after the other party has performed his/her obligations under the agreement, is unsustainable in law.The Court termed it a "sharp practice, which cannot be permitted or tolerated for a moment as it would shatter the …

Wife Abandoning Husband Along With Daughter When Husband Lost His Vision, Her Unprovoked Humiliating Treatment Amount To Mental Cruelty: Tripura HC [Read Judgment]
4 years, 6 months ago

Wife Abandoning Husband Along With Daughter When Husband Lost His Vision, Her Unprovoked Humiliating Treatment Amount To Mental Cruelty: Tripura HC [Read Judgment]

Live Law  

While hearing an appeal filed by the wife against the Judgment dated 25.09.2018 passed in case no T.S. It was further held by the learned trial Judge that her allegations of matrimonial cruelty against her husband under Section 498A, IPC was proved to be false in the appeal in the court of Sessions Judge as well as in the High …

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]
5 years, 2 months ago

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]

Live Law  

The Bombay High Court has held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation …

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]
5 years, 5 months ago

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]

Live Law  

The Supreme Court will examine the issue whether a husband who has obtained a decree of restitution of conjugal rights is still liable to maintain his wife who filed a petition seeking maintenance under Section 125 of the Code of Criminal Procedure. There are conflicting rulings by High Courts on the issue of maintainability of Section 125 CrPC petition when …

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]
5 years, 5 months ago

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]

Live Law  

The Supreme Court has observed that a wife, who has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance under Section 125 of the Code of Criminal Procedure. Contention that the divorced wife is under a compulsion to live with the ex-husband Illogical In Dr. Swapan Kumar Banerjee vs. State …

Husband Liable To Pay Maintenance When Marriage Was Annulled Due To His Fault : SC Upholds Kerala HC Order
5 years, 7 months ago

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

Live Law  

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

Mere Aggressive Behaviour Of Wife Not A Ground For Divorce: Punjab & Haryana HC [Read Order]
5 years, 9 months ago

Mere Aggressive Behaviour Of Wife Not A Ground For Divorce: Punjab & Haryana HC [Read Order]

Live Law  

Mere aggressive behaviour and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home, remarked the High Court of Punjab and Haryana while dismissing a matrimonial appeal filed by a husband. The division bench comprising of Justice Rakesh Kumar Jain and Justice Harnaresh Singh Gill was considering an appeal filed by …

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]
5 years, 10 months ago

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by the wife under the Domestic Violence Act. In the said judgment, the applicant wife's application under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, 2005 was rejected. In 2009, the application under Sections 12 and …

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

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

Live Law  

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

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]
6 years, 4 months ago

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently upheld an order passed by the Sessions Court in Pune allowing an application for maintenance filed under Section 125 of the CrPC by one Chandrabhaga Borhade, nearly 50 years after her marriage with Babanrao Borhade took place.Justice Mridula Bhatkar dismissed the criminal revision application filed by Babanrao challenging Sessions Court’s order allowing. The Bombay High …

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]
6 years, 4 months ago

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently upheld an order passed by the Sessions Court in Pune allowing an application for maintenance filed under Section 125 of the CrPC by one Chandrabhaga Borhade, nearly 50 years after her marriage with Babanrao Borhade took place.Justice Mridula Bhatkar dismissed the criminal revision application filed by Babanrao challenging Sessions Court’s order allowing. The Bombay High …

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
6 years, 4 months ago

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]

Live Law  

‘Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce.The Kerala High court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex …

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