While granting divorce in favour of Husband, Permanent alimony can be granted to a wife who did not join him in spite of direction of restitution of conjugal rights: Orissa HC [Read Judgment]
9 years, 2 months ago

While granting divorce in favour of Husband, Permanent alimony can be granted to a wife who did not join him in spite of direction of restitution of conjugal rights: Orissa HC [Read Judgment]

Live Law  

We are not inclined to accept the contention raised by the learned counsel for the respondent husband that if a wife does not join the company of her husband in spite of the direction of restitution of conjugal rights, at the time of passing decree of divorce in favour of the husband, no permanent alimony can be granted to the wife, the bench said.Orissa High Court Ranjana Rani Panda vs. We are not inclined to accept the contention raised by the learned counsel for the respondent husband that if a wife does not join the company of her husband in spite of the direction of restitution of conjugal rights, at the time of passing decree of divorce in favour of the husband, no permanent alimony can be granted to the wife, the bench said. Orissa High Court Ranjana Rani Panda vs. Sanjay Kumar Panda has held that if a wife does not join the company of her husband in spite of the direction of restitution of conjugal rights, at the time of passing decree of divorce in favour of the husband, permanent alimony can be granted to the wife. Background In this case, Husband was granted divorce by a Family Court in Orissa in 1999 on the ground that more than a year had elapsed from the date of decree of restitution of conjugal rights, there was no scope left for the Court except to hold that the marriage solemnized between the parties is dissolved since the wife has not resumed cohabitation with the Husband. Alimony can be granted even if wife violate direction of restitution of conjugal rights Referring to Apex Court decisions in U.Sree –v- U.Srinivas AIR 2013 SC 415 and K.Srinivas Rao –v- D.A.Deepa AIR 2013 SC 2176, wherein, in spite of arriving at a conclusion that the husband has made out a case for divorce proving mental cruelty, it was held that the wife is entitled to permanent alimony for her sustenance, the court said that it is not inclined to accept the contention raised by husband that if a wife does not join the company of her husband in spite of the direction of restitution of conjugal rights, at the time of passing decree of divorce in favour of the husband, no permanent alimony can be granted to the wife.

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History of this topic

High Court speeds up Chahal divorce plea: Complied with consent terms on alimony
Trending News
1 day, 1 hour ago

High Court speeds up Chahal divorce plea: Complied with consent terms on alimony

India Today  

The Bombay High Court has directed the Bandra Magistrate Court to decide the mutual divorce proceeding initiated by cricketer Yuzvendra Chahal and his estranged wife, Dhanashree Verma, by Thursday, 20 March. A bench of Justice Madhav Jamdar said that considering Chahal's lawyers' statement that he will not be available from 21 March due to his Indian Premier League commitments, the …

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
6 days, 19 hours ago

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court

Live Law  

The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them. While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed – “…fact remains that once a relationship of marriage is found to be admitted …

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC
1 week ago

Well-Qualified Husband Quitting Job To Avoid Paying Maintenance To Wife Can't Be Appreciated In Civilized Society: Orissa HC

Live Law  

The Orissa High Court has remarked that a well-qualified husband, who quits his job to sit idle and remains unemployed in order to deprive his wife of maintenance, cannot be appreciated in a civilised society. While deciding a maintenance dispute, the Single Bench of Justice Gourishankar Satapathy further observed – “Remaining unemployed is one thing and sitting idle having qualification …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
1 week, 6 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 …

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court
1 month ago

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court

Live Law  

The Orissa High Court has recently held that law does not favour a well-educated woman to sit idle without trying to pursue any work merely to incumber the liability of paying maintenance upon the husband for her sustenance. While lessening the maintenance amount awarded by the Family Court, the Single Bench of Justice Gourishankar Satapathy observed – “Law never appreciates …

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court
1 month, 1 week ago

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court

Live Law  

Answering a reference, the Supreme Court today ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void. "A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 1 week 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, 1 week 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 …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
1 month, 3 weeks 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
1 month, 3 weeks 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 …

Alimony Must Be Commensurate With Status Of Spouses, Wife's Meagre Financial Requirements No Grounds To Restrict Amount: Calcutta High Court
2 months ago

Alimony Must Be Commensurate With Status Of Spouses, Wife's Meagre Financial Requirements No Grounds To Restrict Amount: Calcutta High Court

Live Law  

The Calcutta High Court has held that the alimony sought for and granted to a spouse must be commensurate with the actual status and necessities of the spouses and merely because the wife had meagre financial means would not be a justification to restrict the amount granted.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:In the present case, …

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
2 months, 1 week ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC
2 months, 1 week ago

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC

Live Law  

The Orissa High Court has recently held that consent for divorce can be unilaterally withdrawn by a spouse anytime before the passing of decree granting divorce on the basis of mutual consent, even after conclusion of arguments. Reiterating the significance of 'mutual consent' of spouses for grant of divorce under Section 13-B of the Hindu Marriage Act, the Single Bench …

Alimony can’t be a condition for bail in marital disputes: SC
2 months, 1 week ago

Alimony can’t be a condition for bail in marital disputes: SC

Hindustan Times  

New Delhi The Supreme Court has held that courts cannot impose the payment of alimony as a condition for granting bail in matrimonial disputes, in a significant ruling reinforcing the legal framework of bail jurisprudence. Emphasising that such a stipulation lies outside the scope of bail conditions, the apex court asserted that the conditions of bail must be relevant to …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
2 months, 3 weeks 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
2 months, 3 weeks 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 …

‘Marriage is not a commercial venture’: SC rebuke for woman seeking permanent alimony after short-lived nuptials
2 months, 3 weeks ago

‘Marriage is not a commercial venture’: SC rebuke for woman seeking permanent alimony after short-lived nuptials

Live Mint  

The Supreme Court of India censured a woman this week over calls for ‘permanent alimony’ following a short-lived marriage. He has now been ordered to shell out another ₹12 crore as permanent alimony to his second wife as a full and final settlement for all her claims within a month. The woman however insisted that she should be granted a …

Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court
2 months, 3 weeks ago

Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court

Live Law  

The Supreme Court observed that maintenance can be granted despite the financial independence of a party if it is necessary to secure dignity, social standing, and financial stability post- divorce, especially in cases where the marriage has subsisted for a long period. However, considering the dynamics of their separation and the financial burdens the appellant may have borne during the …

Can’t seek alimony as means to equalise wealth: Supreme Court
3 months ago

Can’t seek alimony as means to equalise wealth: Supreme Court

Hindustan Times  

A Hindu marriage is a sacrament and not a commercial venture, the Supreme Court held on Thursday, highlighting concerns over the misuse of penal laws in matrimonial disputes and clarifying that alimony cannot be sought as a means to equalise wealth between spouses, even if the husband has achieved financial success post-separation. “A Hindu marriage is a sacrament and is …

Supreme Court says woman can’t demand alimony to match ex-husband’s current wealth,
3 months ago

Supreme Court says woman can’t demand alimony to match ex-husband’s current wealth,

Op India  

Amid the rising debate over astronomical alimony demands in divorce cases and misuse of domestic violence laws, the Supreme Court on Thursday said that a divorced wife can’t demand permanent alimony just to maintain equal wealth status with the ex-husband. The petitioner woman, the man’s second wife, demanded that her alimony should match her ex-husband’s current wealth as well as …

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court
Trending News
3 months ago

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court

Live Law  

The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party." While the wife is entitled to be maintained, as far as possible, to the same …

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court
Trending News
3 months ago

Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court

Live Law  

The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party." While the wife is entitled to be maintained, as far as possible, to the same …

Supreme Court orders man to pay wife Rs 5 crore lump sum settlement for divorce
3 months, 1 week ago

Supreme Court orders man to pay wife Rs 5 crore lump sum settlement for divorce

India Today  

The Supreme Court has directed a man to pay Rs 5 crore as a lump sum settlement to his wife as permanent alimony after granting the dissolution of their marriage. The verdict was delivered by a bench comprising Justice Vikram Nath and Justice Prasanna V. Varale, who emphasised the need for the husband to fulfil his parental obligations towards the …

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 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 …

Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
6 months, 3 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 …

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered
8 months ago

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered

Live Law  

The Supreme Court, while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. With respect to the husband's financial capacity, the Court said that his actual income, reasonable expenses for his own maintenance, and any dependents he is legally obligated to support should be examined. Respondent-husband has certain obligations towards three …

Muslim law board in a huddle seeking rollback of SC's alimony order – Firstpost
8 months ago

Muslim law board in a huddle seeking rollback of SC's alimony order – Firstpost

Firstpost  

All India Muslim Personal Law Board spokesperson Syed Qasim Rasool Ilyas said the board has also decided to talk to the Central government and the Opposition on the matter The Supreme Court’s ruling on alimony to divorced Muslim women was “against the Islamic law ”, the All India Muslim Personal Law Board said. The AIMPLB Working Committee met on Sunday …

AIMPLB may challenge SC ruling on alimony to divorced Muslim women
8 months, 1 week ago

AIMPLB may challenge SC ruling on alimony to divorced Muslim women

Hindustan Times  

Lucknow and Meerut: The All India Muslim Personal Law Board is likely to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’. “Our legal committee’s findings will guide our next steps, which could include filing a review petition.” In contrast, the All India Shia Personal Law Board has …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
8 months, 1 week ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 1 week 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 …

Divorce must be granted if cruelty is proven: Allahabad HC
9 months, 1 week ago

Divorce must be granted if cruelty is proven: Allahabad HC

Hindustan Times  

Dissolving a marriage, the Lucknow bench of the Allahabad high court has ruled that once cruelty is proven, the suit for divorce must be decreed. The court overturned a family court’s decision that dismissed a husband’s suit for divorce while allowing his wife’s suit for restitution of conjugal rights, despite clear evidence of cruelty inflicted upon the husband by the …

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife
1 year ago

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Live Law  

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent. Regarding the allegation levelled against the husband and his octogenarian parents under Section 313 IPC, the court …

Family court in Indore orders wife to give maintenance to jobless husband
1 year 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 …

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC
1 year, 1 month 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 …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
1 year, 2 months 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 …

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife
1 year, 2 months ago

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife

Live Law  

The Madras High Court recently observed that although Islamic Law allowed a husband to have polygamous marriages, he was obligated to treat all the wives equally. The bench of Justice RMT Teekaa Raman and Justice PB Balaji thus confirmed a family court order allowing dissolution of marriage finding that the husband had treated the wife with cruelty by not treating …

Delhi HC rejects wife’s plea seeking enhanced alimony after separation
1 year, 4 months ago

Delhi HC rejects wife’s plea seeking enhanced alimony after separation

Hindustan Times  

Couples who tend to show affluence before marriage pretend to be paupers after separation, the Delhi high court said while rejecting a plea by the wife seeking enhanced alimony from her husband after they parted ways in 2020 within 10 months of marriage. The wife had approached the Delhi high court seeking an enhancement of monthly maintenance to Rs.2 lakh …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 4 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 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 …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 5 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 …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 6 months ago

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court
1 year, 6 months ago

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court

Live Law  

The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC. "However, as a common knowledge, such second marriage is not tolerated …

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court
1 year, 9 months ago

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. Observing that obviously the two suits will have their own issues but same is no ground for denying the request for clubbing, the court said: "It is also …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 10 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 …

[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh
2 years, 1 month ago

[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh

Live Law  

The Calcutta High Court at Jalpaiguri on Wednesday directed the District Judge, Cooch Behar to re-decide the application for alimony filed by a wife under Section 24 of the Hindu Marriage Act, in compliance with the proposition laid down by the Supreme Court in Rajnesh v. Neha. The judgement of Supreme Court in Rajnesh v. Neha mandates that the Affidavit …

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'
2 years, 1 month ago

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'

News 18  

A single-judge bench of the Bombay High Court of SG Mehare recently dismissed a revision plea filed by a husband while noting that he cannot claim that after customary divorce, the domestic relationship ceased, and the wife is not entitled to reliefs under the Domestic Violence Act. The order reads, “In other words, even if an aggrieved person is not …

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC
2 years, 2 months ago

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC

Live Law  

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband. By way of a written compromise made in 1993, the husband deposited Rs.3 lac in favour of his wife …

Former Husband’s Remarriage Not A Ground To Question Settlement Arrived Earlier For Divorce: Karnataka High Court
2 years, 2 months ago

Former Husband’s Remarriage Not A Ground To Question Settlement Arrived Earlier For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has said that remarriage of the former husband cannot be a ground to question the settlement arrived between the couple after issues were settled before the court and decree of divorce was granted. A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one Lata Choodiah seeking to set aside the memorandum of …

Man Obtains Ex-Parte Divorce Decree Fraudulently By 'Misleading' Wife: Uttarakhand High Court Asks Him To Pay ₹50K To Her
2 years, 5 months ago

Man Obtains Ex-Parte Divorce Decree Fraudulently By 'Misleading' Wife: Uttarakhand High Court Asks Him To Pay ₹50K To Her

Live Law  

The Uttarakhand High Court recently ordered a man to pay ₹50K to his pay after finding that he obtained an ex-parte divorce decree by misleading her. The Court further ordered him to deposit ₹50K with the State Legal Services Authority within four weeks.Essentially, the Husband, managed to get an 'ex-parte divorce decree' after. The case in brief The husband moved …

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC
2 years, 5 months ago

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently allowed the plea for divorce made by a husband after failure to persuade his wife to accompany him to the matrimonial home and her reluctance to join him even after passing of a decree in his favour under Section 9 of Hindu Marriage Act for restitution of conjugal rights.A bench of Justices Goutam Bhaduri and …

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