Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court
1 year, 5 months ago

Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court

Live Law  

The Kerala High Court has ordered the return of patrimony amount given by a woman's family to her husband at the time of their marriage, irrespective of the fact that there was no documentary evidence to prove the source of money or the handing over of money. Michael wherein the Court stated that it was unreasonable for the Court to insist upon documentary evidence to prove that money and gold were given at the time of marriage. Abusalih and another, this Court reiterated that, even in the absence of documentary evidence to prove payment of money and gold, oral evidence of the parties if found believable, can be relied upon by the court for granting relief, as we know, in matrimonial cases, it may be difficult to get documentary evidence for each and every transactions." The Court stated there was no documentary evidence except oral testimony of the wife’s father and brother to prove that one lakh fifty thousand rupees was given as patrimony amount to the husband at the time of marriage.

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History of this topic

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

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

Live Law  

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

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court
2 months ago

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court

Live Law  

The Allahabad High Court has held that decision of the Trial Court/ Family Court cannot be set aside because of failure on part of the husband in leading evidence when there is no other infirmity in the order. The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Refusal/ failure on part of the husband to lead any …

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

Exploitation, financial crises make matrimonial proceedings difficult for wives and children: Allahabad HC
4 months ago

Exploitation, financial crises make matrimonial proceedings difficult for wives and children: Allahabad HC

Hindustan Times  

The Lucknow bench of the Allahabad high court observed that in matrimonial proceedings, wives and children often face greater financial crises compared to husbands, as they have limited support from family or income. Lucknow bench of Allahabad High Court A division bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla passed the judgment on November 11, 2024, while dismissing …

Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC
4 months ago

Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC

Live Law  

The Allahabad High Court has observed that in matrimonial proceedings, wives and children often face financial crises compared to husbands, as they have limited support from family or income and their situation is frequently exploited by husbands, which makes it difficult for them to face such proceedings. The Court added that Section 24 of the Hindu Marriage Act aims to …

Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court
6 months, 3 weeks ago

Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court

Live Law  

The Kerala High Court held that in a suit for maintenance, it is upon the respondent to prove that he does not have enough means to maintain the claimant. The Court observed that evidence to prove the means of a person will be within his exclusive knowledge and therefore, it is upon him to disprove the claim put by the …

In deepfake era, photos claiming adultery by spouse to be proved by evidence: Delhi HC
9 months, 1 week ago

In deepfake era, photos claiming adultery by spouse to be proved by evidence: Delhi HC

Deccan Chronicle  

New Delhi: In the era of deepfakes, photographs placed by a spouse alleging adultery by the other partner would have to be proved by way of evidence before the family court, the Delhi High Court has said.The court's observation came while dealing with a man's contention that his estranged wife was living in adultery. The high court dismissed the appeal …

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court
1 year, 10 months ago

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court

Live Law  

The Delhi High Court has observed that a wife can seek production of evidence or documents to prove the charge of adultery levelled by her against the husband in a divorce petition before family court and same will be in consonance with section 14 of Family Courts Act.“….when a wife seeks the help of the Court for procuring evidence which …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 11 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

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

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

Live Law  

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

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court
3 years, 7 months ago

Mere Enmity Even If Proved Cannot Be A Ground To Discard Witness's Evidence: Kerala High Court

Live Law  

Mere enmity, even if it is proved cannot be a ground to discard the evidence, if the such evidence is found to be reliable, the Kerala High Court observed while upholding conviction of an accused in a murder case on the basis of evidence given by his wife.In this case, one of the contentions raised by the accused was that …

Liberal Approach Of Law For Collection Of Evidence Should Not To Be Taken As Approval To Adopt Illegal Means, Especially In Matrimonial Disputes: Delhi HC [Read Judgment]
4 years, 8 months ago

Liberal Approach Of Law For Collection Of Evidence Should Not To Be Taken As Approval To Adopt Illegal Means, Especially In Matrimonial Disputes: Delhi HC [Read Judgment]

Live Law  

"While law must trump sentiment, a salutary rule of evidence or a beneficent statutory provision, must not be taken as a license for illegal collection of evidence." The Delhi High Court on Tuesday sounded a note of caution against collection of evidence by "surreptitious means", in matrimonial disputes. "What is permitted under Section 14 is only for the Family Court …

Concealing Earlier Marriage While Entering Into Contract Of Marriage Amounts To Fraud By Itself: Kerala HC [Read Judgment]
6 years, 4 months ago

Concealing Earlier Marriage While Entering Into Contract Of Marriage Amounts To Fraud By Itself: Kerala HC [Read Judgment]

Live Law  

“We don't think it necessary for us to go into the correctness of the said divorce, as concealment of a vital fact for entering into a contract of marriage by itself amounts to fraud and the marriage can be declared as null and void.”The Kerala High Court has observed that concealment of a vital fact about earlier marriage while entering …

Documentary Evidence Of Assault On Wife Not Needed In Matrimonial Matters: Bombay HC [Read Judgment]
8 years, 4 months ago

Documentary Evidence Of Assault On Wife Not Needed In Matrimonial Matters: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court in Suresh Bhandary vs. Sushma Bhandary, has held that a wife doesn’t have to give medical evidence of husband’s assault when she is testifying against the same.A bench comprising Justice VM Kanade and Justice Swapna S Joshi dismissed an appeal of the husband against a previous order of the Family Court that had granted divorce to …

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]
8 years, 6 months ago

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]

Live Law  

Cautioning against the overwhelming nature of evidentiary material in such pleadings, the court stated that factors of each case must be considered, and accusations and allegations must be viewed in the context in which they were made. Pointing out that divorce petitions are mostly rigged with exaggerated allegations against the spouse, the Delhi High Court on Friday held that ‘the. …

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