Adultery no grounds to deny parental custody: Delhi High Court
10 months, 3 weeks ago

Adultery no grounds to deny parental custody: Delhi High Court

Hindustan Times  

An adulterous spouse is not equivalent to an incompetent parent and an extramarital affair of a person cannot be the sole determining factor to deny them custody of a child, the Delhi High Court has ruled. The high court said points for consideration in divorce proceedings and custody matters may be co-related but they are always “mutually exclusive”. The high court said there was no reason to interfere with the family court order granting them joint custody of the children. The high court said though it has been proved that the mother had an extra-marital affair, this itself cannot be the ground to deny her their children's custody unless there is something more to establish that her interests elsewhere impacted their welfare. “The respondent/ mother may not have been a faithful or a good wife to the appellant/ husband, but that in itself is not sufficient to conclude that she is unfit to have the custody of the minor children, especially when no evidence has been brought on record to prove that she in any manner, neglected to take care of the children or that her conduct has resulted in bad influence of any kind, on the children,” the court said in the order.

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History of this topic

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
3 months, 3 weeks ago

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Live Law  

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, …

'We Are Living In Era Of Deepfakes': Delhi High Court Says Photos Produced By Husband Alleging Adultery By Wife Must Be Proved In Trial
6 months, 2 weeks ago

'We Are Living In Era Of Deepfakes': Delhi High Court Says Photos Produced By Husband Alleging Adultery By Wife Must Be Proved In Trial

Live Law  

The Division Bench comprising Justice Rajeev Shakdher and Justice Amit Bansal observed that in this era of "deepfakes", it is necessary that the alleged photographs are proved by way of evidence before the family court dealing with the matrimonial dispute. The Delhi High Court has refused to rely on the photographs produced by a man to show that his wife …

In deepfake era, photos claiming adultery by spouse to be proved by evidence: Delhi HC
6 months, 2 weeks ago

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

Deccan Chronicle  

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

No parole for maintaining relationships with live-in partners: Delhi high court
7 months, 2 weeks ago

No parole for maintaining relationships with live-in partners: Delhi high court

Hindustan Times  

Indian law does not permit parole to convicts solely for maintaining relationships with live-in partners, the Delhi high court has said. “The law in India as well as the Delhi Prison Rules do not permit grant of parole on the ground of maintaining conjugal relationships, that too with live-in partners. “Granting parole on the ground to have a child or …

Falsely Accusing Spouse Of Extra Marital Relationship, Refusal To Accept Children Constitutes Mental Cruelty: Delhi High Court
7 months, 4 weeks ago

Falsely Accusing Spouse Of Extra Marital Relationship, Refusal To Accept Children Constitutes Mental Cruelty: Delhi High Court

Live Law  

The Delhi High Court has recently observed that falsely accusing a spouse of being in an extra marital relationship and denying parentage of the children constitutes mental cruelty. A division bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that repudiation of the matrimonial bond and refusal to accept the children, who are innocent victims in …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
9 months, 2 weeks 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 …

Delhi High Court upholds law barring marriage of distant relatives
11 months ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Absence of law can’t give blanket immunity to adulterer, says HC
11 months, 2 weeks ago

Absence of law can’t give blanket immunity to adulterer, says HC

Hindustan Times  

Absence of a law that makes adultery an offence cannot provide individuals with a blanket immunity of marrying another person secretly during the subsistence of their first marriage, the Delhi high court said, adding that it was crucial to legally protect those partners who have committed to the sanctity and values of marriage. The bench in the verdict made public …

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court
11 months, 3 weeks ago

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court

News 18  

The Delhi High Court has recently held that the deprivation of conjugal relationships is an act of extreme cruelty. For a couple to be deprived of each other’s company proves that the marriage cannot survive, and such deprivation of conjugal relationships is an act of extreme cruelty.” While granting a decree of divorce under Section 13 of the Hindu Marriage …

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 2 months ago

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce

Live Law  

The Delhi High Court has observed that for a married couple to be deprived of the conjugal relationship and of each other’s company is an act of extreme cruelty.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order granting divorce to a husband under Section 13 of the Hindu Marriage Act, 1956, …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 3 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 …

Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC
1 year, 3 months ago

Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC

Live Law  

The Delhi High Court has made some striking observations with respect to the Hindu Marriage Act 1955 not recognizing incompatibility of a married couple as a ground for divorce, leaving such couples to "suffer acrimonious relationship" with no exit. "Unless the opposite party was shown to be at fault, whether it was for ‘Adultery’, ‘Cruelty’, ‘Desertion’ or other grounds as …

Wife neither appendage, adjunct to husband: Delhi HC
1 year, 5 months ago

Wife neither appendage, adjunct to husband: Delhi HC

Hindustan Times  

A wife is neither an appendage nor an adjunct to her husband and her identity does not merge or get subsumed in her husband’s identity, the Delhi high court has said. Delhi high court The court made the observation while directing a man to vacate his tenanted shop proposed to be used by the married daughters of a landlord for …

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 6 months ago

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court

Live Law  

The Delhi High Court has ruled that a daughter in law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same.“Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of …

Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband’s Adultery, Right To Privacy Not Absolute: Delhi High Court
1 year, 7 months ago

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

Live Law  

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

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court
1 year, 7 months ago

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court

Live Law  

Child custody orders can be altered and moulded at various stages of a child’s life keeping in mind his welfare, the Bombay High Court has observed. A single bench of Justice Neela Gokhale allowed a man to re-approach the Family Court to alter the mutual consent divorce terms with his ex-wife regarding child access, owing to the wife’s remarriage. “They …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 7 months ago

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC

India Today  

The Bombay High Court on Saturday said that the custody orders cannot be made rigid and are capable of being altered, keeping in mind the needs and welfare of the child at various stages of life. The high court said this while directing a family court to hear afresh an application filed by a man seeking to be appointed as …

POCSO is not meant to criminalise consensual relationships: Delhi High Court
2 years, 1 month ago

POCSO is not meant to criminalise consensual relationships: Delhi High Court

The Hindu  

The Delhi High Court has remarked that the intention of the Protection of Children from Sexual Offences Act was to protect children below the age of 18 from sexual exploitation and that it was never meant to criminalise consensual romantic relationships between young adults. The counsel further said that the girl had last year approached the High Court of Punjab …

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court
2 years, 3 months ago

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court

Live Law  

".in terms of Section 38 of the Special Marriage Act, the respondent-husband has remedy to approach the said Court, which has passed the decree of divorce if any terms and condition were violated and, therefore, in view of the above mentioned two judgments, the petition filed by the respondent-father in terms of under Section 25 of the Guardianship and Wards …

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC
2 years, 5 months ago

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

Live Law  

The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause of the explanation to Section 7 of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. The petitioner herein had responded to this suit …

[Matrimonial Disputes] Allowing Fabricated Omnibus Allegations Against Entire Family May Lead To Further Misuse Of Process Of Law: Delhi High Court
2 years, 5 months ago

[Matrimonial Disputes] Allowing Fabricated Omnibus Allegations Against Entire Family May Lead To Further Misuse Of Process Of Law: Delhi High Court

Live Law  

The Delhi High Court has observed that allowing fabricated allegations against the entire family in matrimonial disputes may lead to further misuse of process of law. "If false implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious. …

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court
2 years, 6 months ago

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

Live Law  

The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife. The Delhi High Court has observed that in India, a brother does not abandon his divorced …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
2 years, 9 months ago

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

Live Law  

The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC
2 years, 11 months ago

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC

Live Law  

The Delhi High Court has observed that a father cannot abdicate his responsibility of looking after his unmarried daughters and that he has a duty and obligation to maintain them, including taking care of their expenses towards education and marriage.A Bench of Justices Vipin Sanghi and Jasmeet Singh added that 'Kanya Daan' is a solemn and pious obligation of a …

"No Law Which Bars Parties From Entering In Gestational Agreements": Delhi Court Declares Couple As Biological Parents Of Child Born Out Of Surrogacy
2 years, 11 months ago

"No Law Which Bars Parties From Entering In Gestational Agreements": Delhi Court Declares Couple As Biological Parents Of Child Born Out Of Surrogacy

Live Law  

While declaring a couple as legal and biological parents of a child born out of a surrogacy arrangement, a Delhi Court has observed that there is no law in the Country which bars par­ties from entering into gestational agreements. Civil Judge Chitranshi Arora of the Saket Courts analyzed the law regarding surrogacy in India and observed that while there is …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
2 years, 11 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree
3 years, 1 month ago

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree

Live Law  

The Delhi High Court recently observed that a wife making serious allegations of criminal conduct against her husband and his parents, which she was unable to prove in Trial Court, amounts to an act of "cruelty". The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh thus upheld the divorce decree granted to the husband by a Family Court …

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court
3 years, 1 month ago

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court

Live Law  

A Delhi Court has recently observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also observed that while it is the statutory duty of the husband to maintain his wife and minor child, he cannot …

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC
3 years, 2 months ago

Father can't be absolved of responsibilities to meet son's education expenses after he turns 18: Delhi HC

India Today  

The Delhi High Court has ruled that a father cannot refuse to pay for his son's education merely because he has attained the age of majority. While dismissing a plea by a man seeking to absolve himself from paying for his son's education after the age of 18 years, the high court said the father must carry the financial burden …

Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court
3 years, 3 months ago

Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to act with due application of mind without being hyper technical, having a litigant friendly approach.Justice Vipin Sanghi and Justice Jasmeet Singh observed thus:"The Family Court is obliged to function so as to relieve the parties of the suffering that they are going through on account of matrimonial …

Child marriage valid if 'child' doesn't declare it void at 18: Punjab and Haryana HC
3 years, 3 months ago

Child marriage valid if 'child' doesn't declare it void at 18: Punjab and Haryana HC

India Today  

A division bench of the Punjab and Haryana High Court has ruled that a marriage contracted with a minor girl would be legally valid if the child upon turning 18 does not declare it void. It would become valid if no steps are taken by the ‘child’ to declare the marriage void on attaining majority, the high court ruled. “In …

Refusal Of Child's Custody To Mother On Unfounded Allegations Of Adultery Illegal: Bombay High Court
3 years, 5 months ago

Refusal Of Child's Custody To Mother On Unfounded Allegations Of Adultery Illegal: Bombay High Court

Live Law  

The Bombay High Court has held that unfounded allegations of adultery against a woman cannot be a ground for denying her the custody of her children. It further held that allegations of adultery cannot be proved by way of an affidavit and it is important that the Trial Court allows the parties to lead full-evidence, before deciding the question of …

Extramarital Affair of Woman Can't Define Her as 'Bad Mother', Rules Punjab and Haryana HC
3 years, 6 months ago

Extramarital Affair of Woman Can't Define Her as 'Bad Mother', Rules Punjab and Haryana HC

News 18  

Ruling that an extramarital affair of a woman cannot be used to define her as a bad mother, the Punjab and Haryana High Court handed over the custody of her four-and-a-half-year-old daughter to the woman on Wednesday. Even assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she …

Extramarital Affair No Ground To Conclude Woman Wouldn't Be A Good Mother & Deny Her Child Custody: Punjab & Haryana High Court
3 years, 6 months ago

Extramarital Affair No Ground To Conclude Woman Wouldn't Be A Good Mother & Deny Her Child Custody: Punjab & Haryana High Court

Live Law  

Noting that in a patriarchal society, it is common to cast aspersions on the moral character of a woman, the Punjab & Haryana High Court, while granting custody over a four-year-old child to her mother, recently observed thus:"Even assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she …

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law
3 years, 8 months ago

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law

Live Law  

While upholding the validity of the extra judicial modes of divorce for women, the Kerala High Court recently issued directions to Family Courts on the course to follow while adjudicating cases that involved these methods. The Court directed that in the matter of talaq, khula, mubaraat, talaq-e-tafwiz, the Family Courts shall entertain such applications moved by either of the parties …

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]
4 years, 2 months ago

Delhi High Court Refuses To Transfer A Declaration Suit Between The Parties To Marriage To Family Courts [Read Order]

Live Law  

By way of background, the Delhi High Court in Amina Bharatram v Sumant Bharatram & Others CS OS No. 411/2010 pronounced on 19th July 2016, held that "the Delhi High Court is a "district court" under Section 8 in respect of all matters enumerated in Explanation to Section 7 of the Act &The Delhi High Court does not possess jurisdiction …

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