Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
1 year ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act. Before urging the family courts to ensure expeditious disposal, the High Court also emphasised that statutory provisions mandating disposal of cases within a specified time- period are usually held to be discretionary. The court acknowledged that there are already many matrimonial disputes pending before the family courts Referring to High Court Bar Association Allahabad v. State of UP & Ors, 2024 LiveLaw 177, Justice Dhand pointed out that Supreme Court & high Courts are required to ordinarily refrain from fixing time-bound schedules for case disposal in other courts.

Family Justice Family Courts High Courts Case Petition Disposal Justice Dhand Rajasthan Hc Section 21B  high  courts  disposal  justice  observe  family  s21b  petition  dhand  rajasthan  hc  court  trial  encourages  hindu  case  divorce  unnecessary  marriage

History of this topic

Tenancy Act | Subordinate Court's Ad-Interim Order Not A Decided Case, Revision Plea Not Maintainable Before Revenue Board: Rajasthan HC
2 weeks, 3 days ago

Tenancy Act | Subordinate Court's Ad-Interim Order Not A Decided Case, Revision Plea Not Maintainable Before Revenue Board: Rajasthan HC

Live Law  

The Rajasthan High Court has said that under the Rajasthan Tenancy Act, revision petition is not maintainable before the Revenue Board against 'ex parte ad-interim' orders passed by subordinate revenue courts and appellate courts. Section 231 states that Board may call for the record of any case decided by any subordinate revenue court in which no appeal lies either to …

Don’t reject Jains’ divorce plea under Hindu Act: HC
2 weeks, 4 days ago

Don’t reject Jains’ divorce plea under Hindu Act: HC

Hindustan Times  

Bhopal: The Madhya Pradesh high court has restrained a family court in Indore from dismissing any divorce petition filed by couples from the Jain community under the Hindu Marriage Act, observing that at least 28 such pleas finalised by the family court citing their minority status have been brought before it. A division bench comprising justices Vivek Rusia and Gajendra …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 4 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
3 weeks, 3 days 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 …

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, 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 …

Allahabad HC’s BIG remark: Marriage between two Hindus cannot be dissolved within a year, until…
1 month, 3 weeks ago

Allahabad HC’s BIG remark: Marriage between two Hindus cannot be dissolved within a year, until…

Live Mint  

The Allahabad High Court has recently reiterated that marriages between Hindus are sacrosanct, or too important or valuable to be interfered with. The Allahabad HC also ruled that the Hindu marriage cannot be dissolved within the first year unless exceptional circumstances are proven. A double-judge bench, comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, pointed out that Section 14 …

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court
1 month, 3 weeks ago

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court

India Today  

The Allahabad High Court has observed that marriage between two Hindus is sacrosanct, and it cannot be dissolved within one year of marriage unless there is exceptional hardship or exceptional depravity as provided under the Hindu Marriage Act. A double-judge bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that Section 14 provides for a one-year limitation from …

Marriage between two Hindu individuals sacrosanct, can’t be dissolved within one year: Allahabad HC
1 month, 3 weeks ago

Marriage between two Hindu individuals sacrosanct, can’t be dissolved within one year: Allahabad HC

New Indian Express  

LUCKNOW: The Allahabad High Court held that marriage between two Hindu individuals is sacrosanct and cannot be dissolved within one year of marriage on grounds of mutual incompatibility. The HC cited that dissolution is only allowed in cases of exceptional hardship or exceptional depravity as provided under Section 14 of the Hindu Marriage Act, 1955. Passing the order, the High …

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 …

Limitation Period For Husband's Plea To Annul Child Marriage Starts From Age 18 Or 21? Supreme Court To Decide
2 months, 1 week ago

Limitation Period For Husband's Plea To Annul Child Marriage Starts From Age 18 Or 21? Supreme Court To Decide

Live Law  

The Supreme Court today issued notice on a petition raising the issue as to whether the age of 'majority' - for males - when computing limitation period for filing a petition seeking annulment of marriage under the Prohibition of Child Marriage Act, should be 18 years or 21 years.A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah passed the order, …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 1 week ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

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

Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court
3 months, 3 weeks ago

Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court

Live Law  

Applying the Golden Rule for purposive interpretation of Section 25 of the Hindu Marriage Act, the Jodhpur bench of the Rajasthan High Court ruled that the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as provided in the provision. Referring to the language of Section 25 the high court held that since it …

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

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus
5 months, 3 weeks ago

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus

Live Law  

The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the …

Hindu marriage can’t be dissolved as a contract: Allahabad High Court
6 months, 1 week ago

Hindu marriage can’t be dissolved as a contract: Allahabad High Court

Hindustan Times  

In a significant judgment, the Allahabad high court has ruled that a Hindu marriage is not to be dissolved or terminated as a contract. The appeal was filed by the woman against the order passed by the additional district judge, Bulandshahr, in 2011 allowing divorce petition filed on behalf of her husband. Allowing an appeal filed by a woman against …

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
6 months, 1 week ago

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Hindustan Times  

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until 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, 1 week 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 …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
7 months, 3 weeks 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 …

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 …

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC
9 months, 1 week ago

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC

Live Law  

The Gauhati High Court on Wednesday dismissed an Interlocutory Application filed by a woman for condonation of 122 days of delay in preferring the matrimonial appeal which challenged an ex-parte divorce decree passed by the District Court, on the ground that the bar of Section 15 of the Hindu Marriage Act would not be applicable in the case and delay …

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court
9 months, 2 weeks ago

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court

Live Law  

The Allahabad High Court has held that once the finding regarding cruelty has been recorded by the Family Court, marriage between the parties ought to be dissolved. The Court held that the grounds of divorce provided in Section 13 of the Hindu Marriage Act are mutually exclusive and if any one of the grounds is made out, the divorce ought …

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court
10 months ago

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed …

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court
11 months ago

Strict Proof Of Marriage Can't Be Condition Precedent For Claiming Maintenance: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that a prolonged cohabitation as husband and wife would entitle partners to maintenance even if even if performance of essential ceremonies is not proved.The Court rejected the plea challenging the maintenance order on the ground that essential marriage ceremonies were not performed, wherein the parties were "cohabitating as husband and. …

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, 2 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 …

No appeal on interim maintenance orders: Madras HC
1 year ago

No appeal on interim maintenance orders: Madras HC

New Indian Express  

CHENNAI: A division bench of the Madras High Court has ruled that an appeal cannot be made against orders of interim maintenance given under section 24 of The Hindu Marriage Act or under section 10 of the Family Courts Act, but a revision of such order can be sought under Article 227 of the Constitution in the high court because …

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court
1 year ago

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court

Live Law  

The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
1 year ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 1 month ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year, 3 months ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce
1 year, 4 months ago

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce

Live Law  

The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established. The bench said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if Domestic Violence is proved and in fact, in the instant …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 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 …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
1 year, 5 months ago

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

Live Law  

The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29 of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special …

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
1 year, 6 months ago

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court

Live Law  

The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B of the Hindu Marriage Act, 1955 in a mechanical manner. The Court noted that the Family Court had made a ‘superficial observation’ regarding the parties living separately for …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 6 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 …

Family Court Should Not Give Adjournment For Long Period While Referring Parties To Court Counsellor: Delhi High Court
1 year, 7 months ago

Family Court Should Not Give Adjournment For Long Period While Referring Parties To Court Counsellor: Delhi High Court

Live Law  

The Delhi High Court has said that the family court should not give an adjournment for long period while referring the parties to a matrimonial dispute to a Court Counsellor for exploring the possibility of a settlement.While preponing a matrimonial dispute pending before a family court which was adjourned to October 18, Justice Navin Chawla said:“Even though the order records …

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court
1 year, 7 months ago

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court

Live Law  

The Karnataka High Court has said courts should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year. A single judge bench of Justice Krishna S Dixit said “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 8 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 9 months ago

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court

Live Law  

Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that the Respondent's right to …

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma
1 year, 10 months ago

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma

The Quint  

In India, laws around marriage and divorce are governed largely by the religious laws like Hindu Marriage Act,1955, the Indian Christian Marriage Act, 1872 and the relevant Muslim laws with the exception of the Special Marriage Act, 1954 wherein the divorce procedures apply to interfaith couples who have registered their marriage under the said Act. In the current case, the …

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 10 months ago

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court

The Hindu  

The Supreme Court on May 1 held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, thus sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final. Taking this logic …

Supreme Court's BIG order on divorce, 6-month mandatory waiting period
1 year, 10 months ago

Supreme Court's BIG order on divorce, 6-month mandatory waiting period

India TV News  

Supreme Court's BIG order on divorce, 6-month mandatory waiting period Supreme Court order on divorce: The mandatory waiting period of 6 months for divorce through mutual consent can be dispensed with subject to conditions, the apex court bench added. Supreme Court order on divorce: In a significant order, the Supreme Court on Monday held that it can dissolve marriages on …

SC verdict likely on May 1 on dissolution of marriage without referring to courts
1 year, 10 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to courts

Deccan Chronicle  

New Delhi: The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of …

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC
1 year, 11 months ago

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC

Live Law  

The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. The Kerala High Court on Monday held that when …

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts
2 years ago

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

Live Law  

The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing. Before issuing the directions the bench expressed “It becomes necessary for this Court to direct the Magistrates, to …

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