Bombay High Court Family Law Digest 2023

Wife's Refusal For DNA Test No Ground for Adverse Inference For Maintenance – Bombay High Court Case Title: Namdeo s/o. Bombay High Court Upholds Grant Of Maintenance To Woman Who Had Accepted Alimony Under 'Customary Divorce' Case Title: Gajanan v. Surekha Citation: 2023 LiveLaw 61 Observing that a person's approaching the civil court for divorce itself shows that customary divorce does not exist in his caste, the Bombay High Court upheld an order granting maintenance to a woman under the Protection of Women from Domestic Violence Act, 2005. The court observed that the “Family Court Appeal filed by the husband within the appeal period would not be rendered infructuous upon the Applicant having contracted second marriage and that also during the appeal period.” Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court Case Title: S v. H Citation: 2023 LiveLaw 207 The Bombay High Court held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005. A division bench of Justices Nitin Sambre and Sharmila Deshmukh observed, “While considering the conduct of the Respondent in context of 'cruelty' as contemplated under the provisions of Section 13 of the Hindu Marriage Act, 1955, the strata of the society to which the Petitioner belongs will also be relevant.” Mother 'Illegally Detaining' Child By Not Returning Him To Native Country: Bombay High Court Grants Custody Of 3-Yr-Old US Citizen To Father Case Title: ABC v. XYZ Citation: 2023 LiveLaw 438 The Bombay High Court granted the custody of a three-year-old boy, who is a US citizen by birth, to his United States-based father seeking the return of his child to the US in a habeas corpus writ petition. Domestic Violence Case Can Be Transferred From Magistrate To Family Court: Bombay High Court Case Title: A v. B Citation: 2023 LiveLaw 620 The Bombay High Court held that an application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before a Magistrate seeking reliefs under Sections 18 to 22 can be transferred to a Family Court under Section 24 of the Code of Civil Procedure, 1908.