[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
2 years ago

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Live Law  

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband. A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay maintenance amount of Rs.6,000 per month and also pay an additional amount of Rs 5,000 for alternate accommodation to the woman. The bench modified the order relying on Section 19 of the Protection of Women from Domestic Violence Act, 2005, that says that wherever the Court feels convenient to order for monetary expenses in lieu of the shared house and also taking note of the relationship existing among the parties, a suitable order can be passed in terms of money. Taking note of these aspects of the matter, directing the respondent to stay in the same house in a separate room would not be feasible practically and it may give rise to further displeasure among the parties resulting in civil/criminal litigation.” Thus it held “Accordingly, this Court exercising its power as is contemplated under Section 19 of the DV Act, a sum of Rs.5,000/- be paid instead of the room be provided as the shared house.” It added “If a sum of Rs.5,000 is being ordered, the respondent can find out a suitable alternate premises more than the room that would be provided in the shared household as ordered by the Trial Court, it would meet the ends of justice.” Accordingly it allowed the revision petition.

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History of this topic

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man
1 day, 3 hours ago

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man

India Today  

The Bombay High Court has quashed an order of the Sangli Civil Court and ruled that a husband's divorce petition will be dismissed if he fails to clear Rs 25,000 in maintenance arrears by June 30, 2025. The order came while hearing a petition filed by the man's wife, challenging the Sangli court's rejection of her plea to strike out …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
3 weeks ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

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

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

Live Law  

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition. Snehalatha allowed the petition for amendment filed under Order VI Rule 17 CPC to incorporate reliefs under …

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court
1 month, 2 weeks ago

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court

Live Law  

The Orissa High Court has recently held that law does not favour a well-educated woman to sit idle without trying to pursue any work merely to incumber the liability of paying maintenance upon the husband for her sustenance. While lessening the maintenance amount awarded by the Family Court, the Single Bench of Justice Gourishankar Satapathy observed – “Law never appreciates …

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 …

Allahabad High Court Quarterly Digest : October To December 2024
2 months, 3 weeks ago

Allahabad High Court Quarterly Digest : October To December 2024

Live Law  

ORDERS/JUDGMENTS OF THE QUARTER Civil Judge Has No Jurisdiction To Entertain Suit Filed U/S 92 CPC Or Under Section 2 Of Religious Endowment Act, 1863: Allahabad High Court Case Title: Jyantri Prasad And 9 Others v. Shri Ram Janki Lakshman Ji Virajman Mandir,Pratapgarh Thru. Observing that the student had not played fraud on the College, the bench of Justice Manoj …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court
4 months, 1 week ago

During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court

Live Law  

While awarding Rs.1.75 Lakhs as monthly interim maintenance to a wife during the divorce proceedings, the Supreme Court observed that the wife is entitled to the same standard of living during the divorce proceedings as what she enjoyed during the marriage.“The appellant was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of. …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 2 weeks ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

HC: Wife can’t be made co-accused just for staying with accused husband
4 months, 2 weeks ago

HC: Wife can’t be made co-accused just for staying with accused husband

New Indian Express  

BENGALURU: The Karnataka High Court said when there is not even a single allegation of the involvement of the wife of the accused in the manufacturing and storing of spurious liquor, she cannot be brought in as co-accused merely because she was staying with the husband. Justice M Nagaprasanna made these observations while dismissing the petition filed by complainant R …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
4 months, 3 weeks ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law  

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn
7 months ago

Judge raps woman seeking Rs 6 lakh monthly maintenance from husband: Let her earn

India Today  

A Karnataka High Court judge has rebuked a woman who demanded more than Rs 6 lakh per month as maintenance from her husband. The woman, Radha Munukuntla, was seeking financial support under Section 24 of the Hindu Marriage Act, 1955, and had detailed her monthly expenses to justify her demand. During a hearing that was held on August 20, Munukuntla's …

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

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

Live Law  

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

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

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
8 months ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
9 months, 3 weeks ago

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife
1 year ago

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Live Law  

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent. Regarding the allegation levelled against the husband and his octogenarian parents under Section 313 IPC, the court …

Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court
1 year ago

Husband can't make ‘artificial’ cuts in salary for wife: Karnataka high court

Hindustan Times  

The Karnataka high court on Monday ruled that “artificial” and extra deductions from the husband's salary, such as house rent recovery, and provident fund contributions, cannot be made deductible from the maintenance granted to an ex-wife. Karnataka High Court Justice Hanchate Sanjeevkumar said provident fund contributions, house rent recovery, furniture recovery, etc. The single judge bench dismissed the petition filed …

Family court in Indore orders wife to give maintenance to jobless husband
1 year, 1 month ago

Family court in Indore orders wife to give maintenance to jobless husband

Op India  

On Thursday, a family court in Indore ordered a wife to give Rs 5000 per month as maintenance to her jobless husband while giving a verdict on their plea to get separated. Section 24 says, “Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has …

MP court tells woman to pay husband ₹5,000 maintenance
1 year, 1 month ago

MP court tells woman to pay husband ₹5,000 maintenance

Hindustan Times  

Bhopal: A family court in Madhya Pradesh’s Indore has directed a woman, who runs a beauty parlour, to pay a monthly maintenance of ₹5,000 to her husband, a Class XII pass out, after separation. Aman, in turn, filed a complaint at a police station in Ujjain, accusing Nandini’s family of harassing him, and also filed a plea before the family …

Rs 60K maintenance for wife not high for rich hubby: Karnataka High Court
1 year, 1 month ago

Rs 60K maintenance for wife not high for rich hubby: Karnataka High Court

New Indian Express  

BENGALURU: The High Court of Karnataka said that payment of Rs 60,000 maintenance per month to the wife cannot be termed high, when the husband is earning Rs 7 lakh per month. “The income of the husband being Rs 7 lakh per month, award of Rs 60,000 as maintenance to the wife cannot be considered to be on the higher …

Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC
1 year, 2 months ago

Husband Bound To Maintain Wife Despite Lack Of Income, He Can Earn ₹350-400 Per Day As An Unskilled Worker: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that a husband is duty-bound to provide maintenance to his wife u/s 125 CrPC even if has no income from his job and he can earn Rs. A bench of Justice Renu Agarwal observed thus while referring to the Supreme Court's ruling in the case of Anju Garg vs Deepak Kumar Garg 2022 …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months 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, 2 months 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 …

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 …

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 …

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce
1 year, 4 months ago

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce

Live Law  

The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established. The bench said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if Domestic Violence is proved and in fact, in the instant …

[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 …

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court
1 year, 5 months ago

Maintenance Obligations Should Not Burden A Husband To The Point Of Marriage Becoming A Punishment: Jharkhand High Court

Live Law  

While revising the maintenance amount awarded to a woman in a matrimonial dispute, the Jharkhand High Court has opined that while it is the husband's moral obligation to provide maintenance to his wife, ensuring she can maintain a lifestyle similar to that of their matrimonial home, this does not justify burdening the husband to the extent that the marriage becomes …

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
1 year, 6 months ago

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Live Law  

Nominal Index : Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw 365 Judgments/Orders Land Earmarked For Village Cattle Can Be Diverted For Larger Public Purposes Like Waste Disposal Unit: Karnataka High Court Case Title: Veerbhadra Gowda & ANR AND State of Karnataka & Others Case No: WRIT PETITION NO. Therefore, the offence punishable under Section 498A …

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month
1 year, 6 months ago

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month

Live Law  

The Karnataka High Court recently granted relief to the daughter of a former High Court judge, enhancing monthly maintenance payable to her by her husband to Rs. The Court rejected the appeal preferred by the husband challenging the family court order directing him to pay Rs 75,000 per month to his wife. If the facts in the case at hand …

Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court
1 year, 7 months ago

Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed the petition filed by one Ananth Kumar KG questioning the order of family court directing him to pay Rs 10,000 as monthly maintenance to his estranged wife. A single judge bench of Justice Krishna S Dixit rejected the contention of the petitioner that he has been suffering from diabetes and related ailments, thus he …

'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 …

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case
1 year, 9 months ago

Karnataka High Court Sets Aside Condition Requiring Wife To Sponsor Husband's Travel From USA For His Cross-Examination In Matrimonial Case

Live Law  

The Karnataka High Court has set aside an order passed by Family Court allowing application made by the wife to cross-examine her husband subject to a condition that she would bear his travel expense of Rs 1.65 lakhs, from the USA to Bangalore. A single judge bench of Justice Krishna S Dixit allowed the petition filed by Sindhu Boregowda and …

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 …

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts
2 years ago

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

Live Law  

The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing. Before issuing the directions the bench expressed “It becomes necessary for this Court to direct the Magistrates, to …

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance
2 years ago

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance

Live Law  

The Madras High Court has recently set aside an order of the Family Court directing the wife to pay twenty thousand rupees as interim maintenance to her husband during the pendency of their divorce petition. Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The appellants …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
2 years, 1 month ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, …

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court
2 years, 1 month ago

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none. A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged …

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

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

Live Law  

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

[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh
2 years, 1 month ago

[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh

Live Law  

The Calcutta High Court at Jalpaiguri on Wednesday directed the District Judge, Cooch Behar to re-decide the application for alimony filed by a wife under Section 24 of the Hindu Marriage Act, in compliance with the proposition laid down by the Supreme Court in Rajnesh v. Neha. The judgement of Supreme Court in Rajnesh v. Neha mandates that the Affidavit …

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act
2 years, 1 month ago

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Live Law  

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three …

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
2 years, 1 month ago

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife

Live Law  

Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2 of the statute.Section 2 defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship …

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'
2 years, 1 month ago

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'

News 18  

A single-judge bench of the Bombay High Court of SG Mehare recently dismissed a revision plea filed by a husband while noting that he cannot claim that after customary divorce, the domestic relationship ceased, and the wife is not entitled to reliefs under the Domestic Violence Act. The order reads, “In other words, even if an aggrieved person is not …

[S.24 Hindu Marriage Act] Able-Bodied Husband Cannot Seek Maintenance From Wife As It Would Prompt Idleness: Karnataka High Court
2 years, 2 months ago

[S.24 Hindu Marriage Act] Able-Bodied Husband Cannot Seek Maintenance From Wife As It Would Prompt Idleness: Karnataka High Court

Live Law  

The Karnataka High Court has said that if a wife is directed to pay maintenance to an able bodied husband who does not suffer from any disability or infirmity, it would be promoting idleness. A single judge bench of Justice M Nagaprasanna made it clear that “Merely because Section 24 of Act is gender neutral for grant of maintenance, it …

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