If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]
6 years, 4 months ago

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently upheld an order passed by the Sessions Court in Pune allowing an application for maintenance filed under Section 125 of the CrPC by one Chandrabhaga Borhade, nearly 50 years after her marriage with Babanrao Borhade took place.Justice Mridula Bhatkar dismissed the criminal revision application filed by Babanrao challenging Sessions Court’s order allowing. The Bombay High Court recently upheld an order passed by the Sessions Court in Pune allowing an application for maintenance filed under Section 125 of the CrPC by one Chandrabhaga Borhade, nearly 50 years after her marriage with Babanrao Borhade took place. Justice Mridula Bhatkar dismissed the criminal revision application filed by Babanrao challenging Sessions Court’s order allowing the application for maintenance. The Court should get reasonable assurance from the evidence adduced by respondent wife that the marriage has taken place between the parties and she is the first legally wedded wife of the husband from whom she claims maintenance.” The court disagreed with earlier order of the trial court dismissing the application for maintenance and observed- “After going through the judgment of the learned Magistrate, it is found that the learned Magistrate could not get the pulse while appreciating evidence in the proceedings of maintenance filed under Section 125 of the CrPC.

Marriage Court Maintenance Application Order Filed Her Husband Husband Her Father Bombay Magistrate Crpc Sessions Court Section 125 125 Physical Assault Babanrao Respondent Wife  read  husband  respondent  wife  leave  court  filed  hc  harassment  maintenance  125  woman  judgment  application  marriage  neglect  maintain  order

History of this topic

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man
3 days, 21 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 …

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court
1 week, 5 days ago

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court

Live Law  

The Jammu and Kashmir High Court has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC to create pressure on the husband and his family members. The court added that it appears the petitioner has been arrayed as an accused only because he was nominated by the other accused persons …

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
2 weeks ago

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

Live Law  

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. If despite objection husband or wife continues …

Quitting job to deny wife alimony is not appreciated in civilised society: Orissa HC
2 weeks, 2 days ago

Quitting job to deny wife alimony is not appreciated in civilised society: Orissa HC

Hindustan Times  

A well-qualified husband who quits his job to remain idle and unemployed to deprive his wife of maintenance “cannot be appreciated in a civilised society”, the Orissa high court has said while deciding a maintenance dispute. Quitting job to deny wife alimony is not appreciated in civilised society: Orissa HC A single judge bench made the remark while rejecting a …

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court
3 weeks, 1 day ago

Compelling Wife To Discontinue Studies Is Akin To Destroying Her Dreams, Amounts To Mental Cruelty: Madhya Pradesh High Court

Live Law  

While granting divorce to a woman, the Indore Bench of Madhya Pradesh High Court has held that compelling the wife to discontinue her studies or putting her in a position not to continue her studies amounts to mental cruelty and constitutes a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. Accordingly, findings of the trial court …

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

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
1 month ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court
1 month, 2 weeks ago

‘Wife’s love affair without physical relations is NOT adultery’, rules Madhya Pradesh High Court

Live Mint  

The Madhya Pradesh High Court has ruled that a wife's love affair with someone else is not sufficient to prove adultery and deny her maintenance. Even if a wife is having a love and affection towards somebody else without any physical relations, then that by itself cannot be sufficient to hold that the wife is living in adultery,” held Justice …

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court
1 month, 2 weeks ago

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that merely because the wife is in love with someone else is not enough to prove adultery on her part to deny her maintenance. Revisionist-husband approached the High Court against the order of the Principal Judge, Family Court, Chhindwara awarding interim maintenance at Rs.4,000/- to the respondent-wife. The Court relied on Rajnesh Vs. …

Courts Must Be Pragmatic In Criminal Cases Arising From Matrimonial Disputes, Tendency To Implicate Husband & His Relatives Not Uncommon: Calcutta HC
1 month, 2 weeks ago

Courts Must Be Pragmatic In Criminal Cases Arising From Matrimonial Disputes, Tendency To Implicate Husband & His Relatives Not Uncommon: Calcutta HC

Live Law  

The Calcutta High Court has held that since it is not uncommon for a husband and his family members to be implicated in criminal cases arising out of a matrimonial dispute, the courts adjudicating on such matters shall take into account pragmatic realities. The brief facts of the case of are that both petitioners, who were sisters of the accused …

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 …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 3 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

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, 1 week 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 …

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court
2 months, 1 week 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 …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 2 weeks ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint  

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court
Trending News
2 months, 2 weeks ago

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Live Law  

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, …

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC
3 months, 1 week ago

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC

Live Law  

Justice K. Sujana while referring to Andhra Pradesh High Court's decision in Duvvuri Rami Reddi Vs Duvvudu Papi Reddy and others, which lays down certain principles to be followed while declaring a person of unsound mind, said: The Telangana High Court has underscored that courts must proceed with utmost caution in matters involving persons of unsound mind so that their …

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court
Trending News
3 months, 1 week ago

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty. In 2008, the appellant-husband instituted the divorce suit and later the wife sent a complaint against the husband and his family by registered post to the Nabadwip Police …

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court
3 months, 1 week ago

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held: The mother of the respondent would not have lived at the Kolaghat residence of the appellant if he …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
3 months, 1 week ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months, 1 week ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court
3 months, 1 week ago

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has observed that if a wife maintains patience and silence with the sole intention of saving her matrimonial life, it cannot be said that it is her weakness; on the contrary, it shows her sincerity towards her marital life. The wife lodged the FIR under Sections 498-A, 323, 294, 506, 34 of IPC and under …

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 …

Cruelty law being misused for personal vendetta against husband: Supreme Court
3 months, 2 weeks ago

Cruelty law being misused for personal vendetta against husband: Supreme Court

India Today  

The Supreme Court has warned against the misuse of the law in marital dispute cases lodged by women against their husbands and families, saying that it cannot be used as a "tool to unleash personal vendetta". The court said the introduction of Section 498 was aimed at stopping cruelty inflicted on a woman by her husband and his family, by …

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC
4 months ago

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday held that a divorced wife can seek maintenance from her ex-husband by invoking provisions of the Protection of Women from Domestic Violence Act, 2005. Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC A single judge bench of justice Sandipkumar More was hearing a plea filed by a 50-year-old agriculturist …

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
4 months, 1 week ago

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

Live Law  

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held …

Husband Forcing Wife To Leave Job And Live As Per His Wish, Style Amounts To Cruelty: Madhya Pradesh High Court In Divorce Case
4 months, 2 weeks ago

Husband Forcing Wife To Leave Job And Live As Per His Wish, Style Amounts To Cruelty: Madhya Pradesh High Court In Divorce Case

Live Law  

Allowing a woman's plea for dissolving her marriage to a man, the Indore bench of the Madhya Pradesh High Court observed that in the case at hand the the husband compelling his wife to leave her government job till he gets the job, and to "live as per his wish and style" amounts to cruelty. In doing so the court …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
4 months, 4 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.

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months, 1 week ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 2 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
6 months, 2 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 …

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement
6 months, 2 weeks ago

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement

Hindustan Times  

The Punjab and Haryana high court has imposed a fine of ₹one lakh on a Haryana woman for dillydallying on withdrawal of criminal proceedings against her estranged husband even after a settlement leading to divorce decree by mutual consent. In August 2023, the husband withdrew the petition seeking quashing of FIR as the woman submitted that he had not honoured …

Allahabad HC grants divorce to man deserted by wife over a decade ago
6 months, 3 weeks ago

Allahabad HC grants divorce to man deserted by wife over a decade ago

Hindustan Times  

The Lucknow bench of the Allahabad high court has granted divorce to a man whose wife had deserted him more than 10 years ago. The court said the facts and circumstances of the case and evidence make out the grounds for cruelty and desertion by wife. The court said the facts are sufficient for granting divorce in favour of the …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
6 months, 3 weeks 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 …

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
7 months, 1 week 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 …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 3 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

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 …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
8 months, 1 week ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
8 months, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 2 weeks ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

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 …

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC
10 months, 3 weeks 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 …

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home
11 months, 3 weeks ago

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home

Hindustan Times  

NEW DELHI: A woman repeatedly leaving her matrimonial home for no fault attributable to the husband amounts to cruelty, a ground for divorce, the Delhi high court said in a recent verdict granting divorce to the couple. In its 23-page verdict, a bench of justices Suresh Kumar Kait and Neena Bansal Krishna allowed the husband’s petition against the family court’s …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
11 months, 3 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC
11 months, 3 weeks ago

'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC

Live Law  

The Allahabad High Court has held that a complaint under Section 498-A of the IPC is not maintainable against a husband at the instance of a 'second wife', however, in such cases, the Dowry Prohibition Act, 1961 may get attracted if there is a demand of dowry. 1-husband had not obtained a divorce from his first wife and hence, prosecution …

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 …

'Giving money to mother not domestic violence': Court quashes woman's plea against her husband
1 year, 1 month ago

'Giving money to mother not domestic violence': Court quashes woman's plea against her husband

New Indian Express  

MUMBAI: A sessions court here has dismissed a plea of a woman challenging a magistrate court order over her complaint against her husband and in-laws, observing that a man giving time and money to his mother cannot be considered as domestic violence. Additional sessions judge Ashish Ayachit, in the order passed on Tuesday, also said the allegations against the respondents …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
1 year, 2 months ago

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

Live Law  

The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job. While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was …

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 …

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