No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]
4 years, 10 months ago

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Tuesday held that where a man and a woman, during the subsistence of their marriages to other persons, reside as a live in couple, they will not be entitled to any protection under the law. While dismissing the writ petition moved by a live in couple, who "candidly" stated that they had married to other persons but they now lived with each other, the division bench comprising Justice Bharati Sapru and Justice Piyush Agrawal said, "The marriages of both the petitioners have not been terminated in accordance with law. While dismissing a petition seeking protection moved by a married woman and her live-in partner, Justice Suneet Kumar had observed, "it is admitted and pleaded in the writ petition that the second petitioner entered into a relationship with the first petitioner who is married and her marriage has not been dissolved by any competent court as on date, therefore, such a relationship cannot be granted any protection." 6681/2020 Quorum: Justice Bharati Sapru and Justice Piyush Agrawal Appearance: Advocate Mahendra Kumar Singh Chauhan Read Judgment

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History of this topic

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'
6 days, 22 hours ago

Madhya Pradesh High Court Paves Way For Major Couple To Reside Together But Expresses Concern Over Live-In Relationship At 'Tender Age'

Live Law  

The Madhya Pradesh High Court recently allowed a major couple to reside together without wedlock considering the fact that both the petitioners were above 18 years of age and thus, their choice needs to be protected. 1 is less than 21 years of age because both the petitioners are shown to be major being above 18 years of age and …

Punjab & Haryana HC Rejects Protection Plea Of Live-In Couple Where One Of Them Was Married With Kids, Says It Would "Promote Bigamy"
1 week, 1 day ago

Punjab & Haryana HC Rejects Protection Plea Of Live-In Couple Where One Of Them Was Married With Kids, Says It Would "Promote Bigamy"

Live Law  

The Punjab & Haryana High Court has refused to grant protection to a live-in couple–wherein one of them was already married and had children, observing that allowing the plea in this instance will encourage the wrong doer and promote bigamy, violating the rights of the spouse and children of one of the petitioner's. Justice Sandeep Moudgil said, "Under Article 21 …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
2 weeks, 4 days ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
2 weeks, 4 days ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Want to live together? Don't expect cop protection: Court to interfaith couple
4 weeks, 1 day ago

Want to live together? Don't expect cop protection: Court to interfaith couple

India Today  

The Bombay High Court on Wednesday talked tough to a young interfaith couple seeking judicial intervention for police protection to continue their live-in relationship. However, the bench emphasised the woman’s autonomy, remarking, “The girl is a major, and she cannot be forced to stay with her parents.” The judges noted the societal backlash the woman faced, including harassment on social …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
1 month, 3 weeks ago

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

Live Law  

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

MP high court stays a single-bench order allowing interfaith marriage
2 months ago

MP high court stays a single-bench order allowing interfaith marriage

Hindustan Times  

The Jabalpur bench of the Madhya Pradesh high court on Friday stayed a single-jugde bench’s order allowing the marriage of a Hindu woman and a Muslim man under the Special Marriages Act, which regulates interfaith marriages. MP high court stays a single-bench order allowing interfaith marriage The development comes weeks after a single bench of justice Vishal Dhagat sent the …

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

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

Hindustan Times  

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

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

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

Live Law  

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

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
3 months, 3 weeks ago

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

Live Law  

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

The vulnerability of live-in couples
4 months ago

The vulnerability of live-in couples

The Hindu  

In 2022, investigations began into the disappearance of a 26-year-old woman, Shraddha Walkar. In following judgments, the Supreme Court extended the same protection to live-in relationships, stating, “Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country”. In Chawali v. State of U.P., the Allahabad High Court, building on the conservatism towards marriage, …

No spouse expected to remain in marriage at risk of malicious prosecution: HC
4 months ago

No spouse expected to remain in marriage at risk of malicious prosecution: HC

Hindustan Times  

PRAYAGRAJ: The Allahabad high court, while setting aside the decision of the lower court, has held that no spouse is expected to remain in a marriage under the risk of false criminal prosecution. Allowing a first appeal filed by Basant Kumar Dwivedi, a division bench comprising justice Saumitra Dayal Singh and justice Donadi Ramesh set aside the order dated July …

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

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
4 months ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
4 months, 2 weeks ago

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider

Live Law  

The Supreme Court is set due to consider the issue whether alimony can be granted where the marriage has been declared void. The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 …

Married Persons Entering In Live-In Relationships Bring Bad Name, Violate Parents' Right To Dignity: Punjab & Haryana High Court
5 months, 1 week ago

Married Persons Entering In Live-In Relationships Bring Bad Name, Violate Parents' Right To Dignity: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has refused to grant protection to the already married live-in couples apprehending threat from their family members, observing that married couples who run away from their parental homes to be in live-in relationships are bringing a "bad name" to their parents and also violate the right of the parents to live with dignity.Adding that …

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

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

Live Law  

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

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

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

Live Law  

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

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court
6 months, 1 week ago

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has observed that the right to marry a person of one's own wish is a fundamental right.The development came while hearing a protection plea of a couple who stated to have legally married each other and apprehended threats from their relatives.Justice Kuldeep Tiwari observed, “To marry a person of one's own choice, is the …

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court
6 months, 2 weeks ago

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court

Live Law  

While allowing a husband's appeal seeking a divorce under the Hindu Marriage Act, the Telangana High Court reiterated that marriage cannot be forced on individuals, and the Court must not act as a hangman or a counsellor to compel the parties to continue living as wife and husband in a loveless marriage. The wife had left the matrimonial home in …

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion
7 months, 1 week ago

Allahabad HC upholds interfaith couples’ right to Special Marriage Act without conversion

Hindustan Times  

While granting protection to an interfaith live-in couple facing threats, the Allahabad high court observed that the law permits interfaith couples to marry under the Special Marriage Act without conversion. Allahabad High Court The court observed, “Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.” Justice Jyotsna Sharma made this observation …

No parole for maintaining relationships with live-in partners: Delhi high court
7 months, 4 weeks ago

No parole for maintaining relationships with live-in partners: Delhi high court

Hindustan Times  

Indian law does not permit parole to convicts solely for maintaining relationships with live-in partners, the Delhi high court has said. “The law in India as well as the Delhi Prison Rules do not permit grant of parole on the ground of maintaining conjugal relationships, that too with live-in partners. “Granting parole on the ground to have a child or …

Allahabad HC rules against legal rights for Muslims in live-in relationships when having spouse | DETAILS
8 months ago

Allahabad HC rules against legal rights for Muslims in live-in relationships when having spouse | DETAILS

India TV News  

The Allahabad High Court on Wednesday stated that Muslims cannot assert rights in a live-in relationship if they have a spouse, as such a relationship contradicts Islamic principles. The couple sought protection from police action after Sneha Devi's parents filed a kidnapping case against Khan. They also sought protection of their lives and liberty, citing their status as adults and …

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC
8 months ago

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently observed that live-in relationships, which are followed in certain sects of society, still continue as a “stigma” in Indian culture as such relations are an imported philosophy contrary to the general expectations of Indian Tenets. High Court's observations At the outset, the Court took exception to the appellant's submission that he is entitled to solemnise …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
8 months, 2 weeks ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship
9 months ago

Women Entitled to Maintenance: Madhya Pradesh High Court Rules on Breakup After Live-in Relationship

News 18  

In a ruling recognising the rights of women in a live-in relationship, the Madhya Pradesh High Court said a woman living with a man for a considerable period is entitled to maintenance upon separation, even if they are not legally married. According to an NDTV report, the Madhya Pradesh HC delivered the judgement while hearing a case of a petitioner …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
10 months ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
10 months ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law
10 months, 1 week ago

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law

Op India  

On 23rd February 2024, the Allahabad High Court ruled that it cannot protect the live-in relationship of a legally wedded Muslim woman with another man, as this amounted to a crime according to Sharia. Justice Renu Agarwal gave this verdict on a plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against threats …

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

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

New Indian Express  

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

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

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

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

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

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

Hindustan Times  

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

Allahabad High Court Annual Family Law Digest 2023
11 months, 3 weeks ago

Allahabad High Court Annual Family Law Digest 2023

Live Law  

LiveLaw brings to you Allahabad High Court Digest on Family law cases from the year 2023. While observing thus, the bench of Justice Raj Beer Singh set aside an order of the Family Court whereby the plea filed by one Shakila Khatun, a divorcee, under Section 125 CrPC was dismissed by holding that a divorced Muslim woman is not entitled …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
11 months, 4 weeks ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

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

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

News 18  

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

Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court
1 year, 1 month ago

Live-in Relationship Without Dissolving Previous Marriage May Amount To Bigamy: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that living together with another woman, without dissolving the marriage from earlier spouse may amount to offence of bigamy under Sections 494, 495 of the IPC.Justice Kuldeep Tiwari said, ".without obtaining any valid decree of divorce from his earlier spouse and during subsistence of his earlier marriage, the petitioner No.2 is living …

A cautionary tale for cause lawyers
1 year, 2 months ago

A cautionary tale for cause lawyers

Hindustan Times  

The Supreme Court on October 17 unanimously rejected the argument that there is a constitutional right to same-sex marriage. While the minority recognised and sought to operationalise the right to adoption and a civil union, the majority did not go as far and stopped short of generally recognising the right to a relationship and the discriminatory impact of the existing …

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court
1 year, 2 months ago

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court

Live Law  

The Allahabad High Court has held that though the term 'residing' appearing in Section 19 of the Hindu Marriage Act, 1955 is not defined under the Act, a casual visit to a place will not grant jurisdiction to the Court in that area to adjudicate upon divorce proceedings. The bench comprising of Justices Saumitra Dayal Singh and Syed Aftab Husain …

‘Live-in relationships are timepass, temporary and fragile’: Allahabad HC
1 year, 2 months ago

‘Live-in relationships are timepass, temporary and fragile’: Allahabad HC

Live Mint  

While rejecting the plea of an inter-faith live-in couple, the Allahabad High Court observed that live-in relationships are more of infatuation against the opposite sex which often result in timepass. "No doubt that Hon'ble the Apex Court in a number of cases, have validated the live-in relationship but in the span of two months in a tender age of 20-22 …

Justice Obiter Dictum: Why the Marriage Equality Cause Lost the Battle in SC - News18
1 year, 2 months ago

Justice Obiter Dictum: Why the Marriage Equality Cause Lost the Battle in SC - News18

News 18  

The Supreme Court’s five-judge Constitution Bench may have refused to recognise marriage as a fundamental right but no judge disagreed with the cause of gay rights in India. The Centre cautioned the Supreme Court that any piecemeal approach to marriage equality shall only further convolute the complicated space of personal laws and family laws in India. It is important to …

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

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

Live Law  

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

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 2 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

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

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

Live Law  

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

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

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

Live Law  

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

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

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

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

Married Persons' Entry Into Live-In Relationship 'Illicit': Punjab & Haryana High Court Refuses Police Protection, Imposes Cost
1 year, 3 months ago

Married Persons' Entry Into Live-In Relationship 'Illicit': Punjab & Haryana High Court Refuses Police Protection, Imposes Cost

Live Law  

The Punjab & Haryana High Court recently imposed a fine of Rs. 2,500 on already married individuals entering into a live-in relationship who had approached the court seeking police protection. Justice Alok Jain called it a 'classic case of an illicit relationship' while reiterating that married individuals cannot enter live-in relationships with others during the subsistence of. Justice Alok Jain …

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, 4 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 …

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

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

ABP News  

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

‘Live-in relationship cannot provide stability, security’, says Allahabad HC
1 year, 4 months ago

‘Live-in relationship cannot provide stability, security’, says Allahabad HC

Live Mint  

The Allahabad High Court has stated that live-in relationships do not offer the same level of security, societal approval, advancement, and stability as traditional marriage does in this country. Then she somehow tries to get her live-in relationship with the male partner get converted into the relationship of marriage having social sanction," the court said. “Live-in relationship shall only be …

Live-in relationship cannot provide stability, security and social acceptance: Allahabad High Court
1 year, 4 months ago

Live-in relationship cannot provide stability, security and social acceptance: Allahabad High Court

India TV News  

Allahabad HC on live-in relationship: The Allahabad High Court has observed that live-in relationships cannot provide security, social acceptance, progress and stability that the institution of marriage provides to a person in this country and women especially face social ostracisation in case of a breakup. Then she somehow tries to get her live-in relationship with the male partner get converted …

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