Two Adults Have The Right To Live Together Even If They Are Not Attained The Marriageable Age: SC [Read Judgment]
6 years, 10 months ago

Two Adults Have The Right To Live Together Even If They Are Not Attained The Marriageable Age: SC [Read Judgment]

Live Law  

It would not be out of place to mention that ‘live-in relationship’ is now recognized by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005, the Bench said.The Supreme Court recently, set aside a Kerala High Court order that ‘entrusted custody’ of a major girl to her father, observing that she has freedom. The Supreme Court recently, set aside a Kerala High Court order that ‘entrusted custody’ of a major girl to her father, observing that she has freedom of choice as to with whom she wants to live. The Boy, approached the Apex Court contending that since the girl is admittedly a major, she has right to live wherever she wants to or move as per her choice and the High Court could not have entrusted the girl to father The Bench of Justice AK Sikri and Justice Ashok Bhushan, agreed with these contentions made and observed that the marriage is not a void marriage under the Hindu Marriage Act, and, at the most, the marriage would be a voidable marriage. It would not be out of place to mention that ‘live-in relationship’ is now recognized by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005.” The Bench also quoted relevant observations made in Hadiya case including this observation made by Justice Chandrachud in his concurring opinion: “The daughter is entitled to enjoy her freedom as the law permits and the court should not assume the role of a super guardian being moved by any kind of sentiment of the mother or the egotism of the father.” We make it clear that the freedom of choice would be of Thushara as to with whom she wants to live, the Bench said while allowing the appeal.

Marriage Court Age Legislature Live Bench Her Father Its Place Domestic Violence Act Major Girl  place  attained  entrusted  sc  court  bench  right  read  marriage  major  girl  act  adults  age  judgment  livein  live  marriageable  high

History of this topic

Convicted Prisoner Too Has Right To Marry: Madras High Court While Granting Emergency Leave To Life Convict
4 weeks, 2 days ago

Convicted Prisoner Too Has Right To Marry: Madras High Court While Granting Emergency Leave To Life Convict

Live Law  

Noting that a convicted prisoner has a right to marry, the Madras High Court recently granted emergency leave to a prisoner for 15 days with the necessary escort for his marriage. The bench of Justice GR Swaminathan and Justice R Poornima relied on Rule 6 of the Tamil Nadu Suspension of Sentence Rules 1982 which states that an emergency leave …

Man Has No Fundamental Right To Live-In Relationship With A Married Woman, Particularly When She Appears To Be His Own Sister: Rajasthan HC
4 weeks, 2 days ago

Man Has No Fundamental Right To Live-In Relationship With A Married Woman, Particularly When She Appears To Be His Own Sister: Rajasthan HC

Live Law  

The expression locus-standi is a Latin term that means “place of standing” and refers to the legal right of a person to bring a law suit or to participate in a legal proceeding. The writ of habeas corpus has always been looked upon as an effective means to ensure release of the detained person and any emotional or intellectual concern …

Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim
1 month ago

Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim

Live Law  

The Jammu and Kashmir High Court has allowed the termination of the 28–29-week fetus of a sexual assault victim through the applicable medical intervention. The court cast a duty upon the UT of J&K, through the Health and Social Welfare Departments, to take care of the petitioner victim until she is discharged from the hospital and handed over to her …

Marital rape can’t remain an exception to rape law
1 month, 2 weeks ago

Marital rape can’t remain an exception to rape law

Hindustan Times  

A tale from modern India: A man rapes his wife so brutally she dies. In October last year, the ministry of home affairs told the Supreme Court that husbands do not have a fundamental right to “violate the consent of their wives”—a fancy way of saying rape—but if Parliament removed the marital rape exception, then the institution of marriage will …

Parents can be compelled to provide funds for daughter's education: Supreme Court
2 months, 3 weeks ago

Parents can be compelled to provide funds for daughter's education: Supreme Court

Hindustan Times  

The Supreme Court recently observed that daughters have an "indefeasible, legally enforceable and legitimate right" to secure educational expenses from their parents. The Supreme Court further observed that the daughter has a fundamental right to pursue her education for which the parents can be compelled to cough up the funds. All that we observe is that the daughter has a …

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

Societal disapproval can't deprive interfaith partners of live-in rights: High Court
3 months, 2 weeks ago

Societal disapproval can't deprive interfaith partners of live-in rights: High Court

India Today  

The Bombay High Court has observed that a 19-year-old Hindu girl and a 20-year-old Muslim boy desired to have a live-in relationship and that they cannot be deprived of their rights granted under the Constitution merely because of societal disapproval. The court also said it was the girl's choice to have a live-in with her partner, and it cannot restrict …

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship
3 months, 2 weeks ago

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship

India Today  

The Bombay High Court said that a Hindu woman who has decided to marry a Muslim man not yet of marriageable age, will be allowed to make her own decision. The court also asserted that there is no question of anyone gaining custody of the woman, who is currently housed at a shelter home in Mumbai. The advocate also submitted …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
4 months, 1 week ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 3 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 …

Supreme Court's Judgment on Child Marriage: A Violation of Fundamental Rights
5 months, 2 weeks ago

Supreme Court's Judgment on Child Marriage: A Violation of Fundamental Rights

Live Law  

The Supreme Court has elaborated on how child marriages violate constitutional rights, stating that they violate the rights to self-determination, choice, autonomy, sexuality, health and education of children. The judgment notes that child marriages impose mature burdens on children who are not physically or mentally prepared to comprehend the significance of marriage. When women are forced into marriages to protect …

The vulnerability of live-in couples
6 months, 3 weeks 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, …

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
6 months, 4 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
7 months ago

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Live Law  

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, …

Married Persons Entering In Live-In Relationships Bring Bad Name, Violate Parents' Right To Dignity: Punjab & Haryana High Court
8 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 …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months, 2 weeks ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Marrying Person Of One's Choice Is A Fundamental Right, No One Can Interfere With Marriage Preferences Of Adults: Punjab & Haryana High Court
9 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 …

LGBTQIA+ Individuals Experience Familial Rejection, Crucial To Recognize Family As 'Sites Of Violence' And Grant Protection: Kerala High Court
9 months, 1 week ago

LGBTQIA+ Individuals Experience Familial Rejection, Crucial To Recognize Family As 'Sites Of Violence' And Grant Protection: Kerala High Court

Live Law  

The Kerala High Court recently observed that families can often become sites of violence and control for LGBTQIA+ individuals who they need protection from rather than guardianship. The Court observed that LGBTQIA+ persons face defiance in society and are subjected to stigma, violence and discrimination from an early age due to societal beliefs and cultural norms. The Court interacted with …

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man
9 months, 2 weeks ago

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

Live Law  

The Punjab & Haryana High Court has directed the Child Welfare Committee, constituted under the Juvenile Justice Act, 2015, to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.A 15-year-old girl had moved Court through her friend. The Punjab …

Marriage, a chaotic construct!
10 months ago

Marriage, a chaotic construct!

New Indian Express  

Critiques of marriage as an institution occur within a world in which the institution holds all kinds of power, which is why people who are critical of it may get married anyway. Pragmatically speaking, being legally married may be the best if not only way to ensure that one’s partner’s role in one’s life — or one’s role in their …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
10 months, 1 week ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

What is the legal position on live-in relationships? | Explained
10 months, 2 weeks ago

What is the legal position on live-in relationships? | Explained

The Hindu  

The story so far: The Lucknow bench of the Allahabad High Court stated earlier this month that a Muslim cannot claim rights in a live-in relationship when he or she has a living spouse. Interestingly in the same month, the Punjab and Haryana High Court stated that a couple living together without obtaining a divorce from their previous spouse cannot …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
11 months, 3 weeks ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
1 year, 1 month ago

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children

News 18  

The Madras High Court recently quashed a case filed under the Protection of Children from Sexual Offences Act, 2012, and The Prohibition of Child Marriage Act, 2006. Based on that, the case was registered under the provisions of the POCSO Act and the Prohibition of Child Marriage Act, 2006, against the victim’s husband, his father, and the victim’s parents. The …

Adultery no grounds to deny parental custody: Delhi High Court
1 year, 2 months ago

Adultery no grounds to deny parental custody: Delhi High Court

Hindustan Times  

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

Delhi High Court upholds law barring marriage of distant relatives
1 year, 2 months 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 …

SC orders immediate release of 25-year-old woman detained by her parents
1 year, 2 months ago

SC orders immediate release of 25-year-old woman detained by her parents

Hindustan Times  

Even a single day is one day too many when liberty of a person is involved, the Supreme Court held on Wednesday as it ordered immediate release of a 25-year-old woman illegally detained by her parents to stop her from being with a man of her choice and pursue a career in Dubai. On January 3, the Supreme Court bench …

True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR
1 year, 2 months ago

True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR

News 18  

The Delhi High Court has ruled that “true love” between two individuals, one or both of whom may be minors or on the verge of being a major, cannot be controlled through the rigours of law or state action. The bench of Justice Swarana Kanta Sharma said, “When the scales of justice have to be weighed, they are not always …

Kerala High Court Dismisses Habeas Corpus Plea
1 year, 3 months ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
1 year, 3 months ago

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court

Live Law  

The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody of a male child until he completes the age of 7 years.The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother of the detenue-Takbeer Khan, aged about 3 years and 7 months. The Allahabad …

DC Edit | Let society evolve; resist return of regressive laws
1 year, 4 months ago

DC Edit | Let society evolve; resist return of regressive laws

Deccan Chronicle  

The recommendation of the parliamentary consultative committee for the Union home ministry to re-criminalise adultery “to protect the institution of marriage” may fit right into the authoritarian agenda of the ruling dispensation but will militate against modern values which prize personal liberty and freedom of conscience and allows every adult their own agency while limiting scope for state interference in …

‘Live-in relationships are timepass, temporary and fragile’: Allahabad HC
1 year, 5 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 …

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia
1 year, 5 months ago

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia

Hindustan Times  

Kochi: The Kerala high court recently allowed an 80-year-old woman to be reunited with her nonagenarian husband who was suffering from dementia, observing that the right of the wife of a senior citizen for his custody and consortium is “inviolable and absolute”. A single bench of the Kerala high court, in a ruling on October 6, accepted the writ petition …

Kerala High Court names girl child after estranged parents fail to reach consensus
1 year, 6 months ago

Kerala High Court names girl child after estranged parents fail to reach consensus

India TV News  

In an interesting incident, the Kerala High Court named a three-year-old child when the girl’s estranged parents could not arrive at a conclusion regarding naming their daughter. In an order issued last month, Justice Bechu Kurian Thomas said that the child is presently residing with the mother whose name suggestion has to be given due importance, while the father’s name …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 6 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 6 months ago

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court

Live Law  

The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of. "In the wrangling …

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law
1 year, 7 months ago

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law

Firstpost  

The incident came to light through a first information report filed by the child’s mother, asserting that during October and November 2014, while the child was alone, the accused visited their residence four to five times and committed sexual assault The Delhi High Court has recently reaffirmed the acquittal of a Muslim man who had been accused of sexually assaulting …

Child Can’t Be in Live-in Relationship... Not Only Immoral But Also Illegal: Allahabad HC
1 year, 8 months ago

Child Can’t Be in Live-in Relationship... Not Only Immoral But Also Illegal: Allahabad HC

News 18  

The Allahabad High Court recently observed that a child cannot have a live-in relationship, as this would be an act not only immoral but also illegal. The high court was dealing with a writ petition moved by a 19-year-old Hindu girl seeking directions to quash a case registered against her 17-year-old Muslim live-in partner, under sections of the IPC pertaining …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 9 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband
1 year, 9 months ago

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband

Live Law  

The Uttarakhand High Court, while declining to issue the writ of habeas corpus in favour of a husband, has allowed his wife to stay with her friend with whom she is residing on her own free will. Thus, he filed a writ petition in the High Court seeking issuance of a writ of habeas corpus to get back his wife. …

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody
1 year, 9 months ago

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Live Law  

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to …

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground
1 year, 10 months ago

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground

Live Law  

A lawyer has approached the Kerala High Court for setting aside a Single Judge's decision allowing a 15 years old girl, impregnated by her brother, to terminatw the pregnancy.The Division Bench comprising the Acting Chief Justice S.V. Bhatti and Justice Basant Balaji on Thursday granted liberty to the appellant, Kulathoor Jaisingh, to move before the Single Judge both for impleading …

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 10 months ago

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

Live Law  

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

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court
1 year, 10 months ago

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court

Live Law  

Child custody orders can be altered and moulded at various stages of a child’s life keeping in mind his welfare, the Bombay High Court has observed. A single bench of Justice Neela Gokhale allowed a man to re-approach the Family Court to alter the mutual consent divorce terms with his ex-wife regarding child access, owing to the wife’s remarriage. “They …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 10 months ago

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC

India Today  

The Bombay High Court on Saturday said that the custody orders cannot be made rigid and are capable of being altered, keeping in mind the needs and welfare of the child at various stages of life. The high court said this while directing a family court to hear afresh an application filed by a man seeking to be appointed as …

‘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 …

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC
1 year, 11 months ago

Unmarried Daughter Has Right to Reasonable Marriage Expenses from Father Irrespective of Religion: Kerala HC

News 18  

The Kerala High Court recently ruled an unmarried daughter had the right to receive reasonable expenses from her father for her marriage, irrespective of her religion. The court was dealing with pleas moved by two Christian sisters, who sought realisation of Rs 45,92,600 from their father towards their marriage expenses. Also, in 2011, a division bench of the high court, …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
2 years ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling
2 years, 1 month ago

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling

Live Law  

The Supreme Court on Monday stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.Challenging the High Court …

Explained | Why is the Supreme Court examining marriage laws for minors?
2 years, 2 months ago

Explained | Why is the Supreme Court examining marriage laws for minors?

The Hindu  

The story so far: Earlier this month, the Supreme Court announced that it would examine whether minor girls, as young as 15 years, can marry on the basis of custom or personal law when such marriages are considered an offence in statutory law. On January 13, the Supreme Court said it would examine whether girls as young as 15 years …

Discover Related