Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court
3 years, 6 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 disputes. 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. The Family Court should have a litigant friendly approach, and function in the spirit of helping parties resolve their disputes – either mutually, or through the Courts determination." However, it was submitted that at the time of dealing with second motion petition, the Family Court raised a hyper technical objection to the territorial jurisdiction by observing that it does not have Jurisdiciton.

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History of this topic

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court
1 week ago

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court

Live Law  

The Orissa High Court has held that dispute as to marital status of parties comes within the exclusive jurisdiction of the Family Court established under the Family Courts Act, 1984 and the same cannot be decided by any other civil court. Court's Observations The Court admitted the second appeal filed under Section 100 read with Order XLII Rule 1 of …

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea
2 weeks ago

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

Live Law  

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings. “While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said. The Court was dealing with a wife's plea …

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages
2 weeks, 1 day ago

'Appalling': Delhi High Court Criticizes Non-Compliance Of Supreme Court Order On Compulsory Registration Of Marriages

Live Law  

The Delhi High Court on Wednesday expressed its displeasure at the Union and Delhi Governments over non-compliance of a Supreme Court order directing that all marriages be compulsorily registered, irrespective of faith. Notably, the Delhi government had issued Delhi Order, 2014, for compulsory registration of marriages. In November last year, a single judge had directed Delhi Government's Chief Secretary to …

Comply with Supreme Court order on marriage registration: Delhi HC to govt
2 weeks, 1 day ago

Comply with Supreme Court order on marriage registration: Delhi HC to govt

The Hindu  

The Delhi High Court on Wednesday ordered the Centre and Delhi government to comply with the Supreme Court’s directions over compulsory registration of marriages in three months. The court also issued notice to both governments on a petition seeking direction to the Ministry of Home Affairs to prepare rules for a centralised database of marriage registration. Pursuant to the top …

Delhi High Court Discharges Lawyer In Criminal Contempt Case, Asks Him To Not Indulge In Aggressive Behaviour In Future
1 month, 1 week ago

Delhi High Court Discharges Lawyer In Criminal Contempt Case, Asks Him To Not Indulge In Aggressive Behaviour In Future

Live Law  

The Delhi High Court has recently discharged a lawyer in a criminal contempt case and asked him not to indulge in aggressive behaviour in the future. The contempt proceeding was referred to the Court after an order was passed in October last year by the Principal Judge, Family Courts of Patiala House Courts. “After having perused the order by which …

Delhi High Court's Administrative Side To Consider Amending Or Framing Rules To Expedite Proceedings Before Family Courts
1 month, 2 weeks ago

Delhi High Court's Administrative Side To Consider Amending Or Framing Rules To Expedite Proceedings Before Family Courts

Live Law  

The Delhi High Court's administrative side is set to consider framing appropriate rules or amending the existing rules to streamline the procedure to expedite proceedings before the Family Courts in the national capital. His counsel handed over to the Court a copy of the decision Kerala High Court in Shiju Joy v. Nisha wherein certain directions were issued for streamlining …

Supreme Court turns ‘ordinary litigant’ in front of Delhi High Court, seeks permission for pro-green initiative
1 month, 3 weeks ago

Supreme Court turns ‘ordinary litigant’ in front of Delhi High Court, seeks permission for pro-green initiative

Hindustan Times  

In a very unique turn of events, the Supreme Court, instead of presiding over an issue has instead turned litigant, seeking permission from it's sister subordinate, the High Court of Delhi. A Civil Miscellaneous Application was filed by Supreme Court Project Division - I, Central Public Works Department in the matter titled, 'Bhavreen Kandhari Vs. Shri C D Singh & …

70 Important Judgments Of Delhi High Court In 2024 [Part II]
1 month, 3 weeks ago

70 Important Judgments Of Delhi High Court In 2024 [Part II]

Live Law  

LiveLaw reported 1394 judgments from Delhi High Court in 2024. Finalize Technical Solution To Sync ICJS System With Police Criminal Database: Delhi High Court To NIC, State Crime Record Bureau Title: COURT ON ITS OWN MOTION v. STATE Citation: 2024 LiveLaw 865 The Delhi High Court has called for finalization of the technical solution to sync the Inter-operable Criminal Justice …

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 …

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs
2 months, 3 weeks ago

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs

Live Law  

The Delhi High Court has recently issued practice directions for ensuring speedy disposal of non-contentious compromise based petitions involving quashing of FIRs. The directions state that all non-contentious compromise based petitions involving quashing of FIRs will be preliminary listed before Joint Registrar for criminal jurisdiction, who can further verify and ensure compliance with the latest guidelines laid down by the …

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties
2 months, 3 weeks ago

Delhi High Court Directs Family Courts To Complete Witness Cross Examinations Expeditiously Without Embarrassment To Parties

Live Law  

The Delhi High Court has recently directed all the Family Courts in the national capital to ensure that the cross-examinations of witnesses are completed as expeditiously as possible, without causing any undue harassment or embarrassment to the parties.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee observed that the Family Courts should ensure that the. The Delhi …

Usage Of 'Separated/Divorced' Can't Be Restricted To Only Those With A Judicial Separation Decree: Delhi High Court
2 months, 3 weeks ago

Usage Of 'Separated/Divorced' Can't Be Restricted To Only Those With A Judicial Separation Decree: Delhi High Court

Live Law  

While hearing a minor boy's plea against non-issuance of Scheduled Caste certificate by the State on the ground that the application could only be accepted if the mother is legally divorced or separated, the Delhi High Court said that the terms like 'separated/ divorced/ single women' cannot be restricted to only those women who have a formal divorce or judicial …

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act
3 months ago

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee has held that the Single Judge has, without interfering with the factual findings arrived at by the learned Arbitrator, correctly applied the settled legal position to the MFS, by holding that the same being a record of prior oral partition of the properties between all the sons …

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles
3 months, 2 weeks ago

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles

Live Law  

While considering a wife's plea against a family court's verdict which refused to grant her divorce, the Gujarat High Court underscored that in adjudicating family dispute cases including Child Custody and Maintenance, family courts must deal with them with sensitivity with the welfare of those affected being the focus. The high court was considering the wife's appeal against the decision …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
4 months, 1 week ago

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Live Law  

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing. …

Family Courts Can Opt for Virtual Hearings, No Physical Presence Required
5 months ago

Family Courts Can Opt for Virtual Hearings, No Physical Presence Required

Live Law  

The Madras High Court has ruled that family courts should not insist on the physical presence of parties/spouses while presenting the petition and for future hearings. The court observed that virtual proceedings provide an opportunity to modernize the system and make it more affordable and citizen-friendly. The court noted that Section 530 of the BNSS emphasized holding even criminal trials …

In deepfake era, photos claiming adultery by spouse to be proved by evidence: Delhi HC
9 months, 1 week 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 …

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 …

Delhi High Court hears plea against conditions on married women using maiden surname
1 year ago

Delhi High Court hears plea against conditions on married women using maiden surname

India Today  

The Delhi High Court has issued a notice on a plea challenging the government's notification for obtaining a maiden surname by a woman post-marriage. The plea, filed by Divya Modi, alleged the notification imposed gender bias and "impermissible discrimination" by imposing additional and disproportionate requisites exclusively on women. "This notification poses an obstacle to the Petitioner's right to change her …

Adultery no grounds to deny parental custody: Delhi High Court
1 year, 1 month 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 …

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, …

Delhi High Court upholds law barring marriage of distant relatives
1 year, 1 month 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 …

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
1 year, 3 months ago

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

Live Law  

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. The appellant-father had filed the appeal assailing a Family Court order, whereby his application for direction to the respondent to send the child …

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration
1 year, 5 months ago

Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration

Live Law  

In India, it is a common trend to incorporate a pre-condition under the arbitration agreement to follow certain conditions to invoke the dispute resolution clause. Ltd. v. DLF Commercial Complexes, the Delhi High Court emphasized upon the importance of fulfillment to fulfill the pre-condition of mutual discussion before commencing arbitration. The recent observation by the Delhi High Court in Oasis …

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 …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 6 months ago

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court

Live Law  

The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of. "In the wrangling …

Delhi High Court Courts Cannot Be Used As Marriage Facilitators Between Parties In Sexual Offence Cases
1 year, 6 months ago

Delhi High Court Courts Cannot Be Used As Marriage Facilitators Between Parties In Sexual Offence Cases

ABP News  

The Delhi High Court Monday said courts cannot be used as "marriage facilitators" between parties in sexual offence cases. "In this court's opinion, the courts of law cannot be used as a forum for the purpose of facilitating marriages and be used as marriage facilitators by first lodging an FIR alleging that the accused, after establishing physical relations, had refused …

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court
1 year, 6 months ago

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court

Live Law  

The Delhi High Court has held that wife's insistence to live separately from other family members of the husband without any justifiable reason can be termed as an act of 'cruelty'.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna added that such acrimonious atmosphere at home cannot be a conducive environment for a married couple to …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 6 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

Delhi High Court Orders Criminal Contempt Action Against Man For Making 'Scandalous Remarks' Against Family Court Judge In Pleadings
1 year, 7 months ago

Delhi High Court Orders Criminal Contempt Action Against Man For Making 'Scandalous Remarks' Against Family Court Judge In Pleadings

Live Law  

The Delhi High Court has directed its Registry to register a case of criminal contempt against a man for making scandalous allegations against a Principal Judge of a family court in the national capital. “The Registry is directed to register a case of Criminal Contempt against the petitioner and subject to the orders of Hon’ble the Chief Justice, place the …

Delhi High Court backs kids' education abroad, rejects mother's relocation plea
1 year, 7 months ago

Delhi High Court backs kids' education abroad, rejects mother's relocation plea

India Today  

A mother's anxiety for her children's well-being is a natural instinct, but it cannot be allowed to hinder their education, the Delhi High Court asserted. Consequently, the court dismissed the mother's apprehensions of psychological trauma, considering them to be unfounded fears that should not hinder the children's educational path. "So being the case, the apprehension of the appellant mother that …

Delhi High Court Directs District Courts To Permit Lawyers Or Parties To Appear Virtually Without Prior Request
1 year, 9 months ago

Delhi High Court Directs District Courts To Permit Lawyers Or Parties To Appear Virtually Without Prior Request

Live Law  

The Delhi High Court has directed all district courts in the national capital to permit any of the parties or their lawyers to appear through hybrid or video-conferencing mode during court proceedings, without any requirement of a prior request. As per a circular issued today, the full court of the High Court has issued various directions regarding the conduct of …

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court
1 year, 9 months ago

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to not adopt a “hyper-technical approach” and close the right of cross examination of a party in a hurried manner while dealing with matrimonial cases.Justice Rekha Palli made the observation while setting aside an order passed by the family court rejecting a wife’s application for restoration of her …

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, 10 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 …

All High Courts Family Law Digest 2022
2 years, 1 month ago

All High Courts Family Law Digest 2022

Live Law  

LiveLaw brings to you the most awaited High Courts Digest on Family law cases from the year 2022.ALLAHABAD HIGH COURT Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High CourtCase title - Sanjeev Rai v. State of U.P. Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court Case Title: …

Delhi High Court Transfers Pleas Seeking Recognition Of Same-Sex Marriages To Supreme Court
2 years, 1 month ago

Delhi High Court Transfers Pleas Seeking Recognition Of Same-Sex Marriages To Supreme Court

Live Law  

The Delhi High Court on Monday transferred a bunch of pleas seeking recognition of same-sex marriages in the country to the Supreme Court.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad transferred the pleas after the Supreme Court, earlier this month, transferred to itself similar petitions. The Delhi High Court on Monday transferred a bunch of …

Supreme Court Annual Digest 2022- Hindu Law
2 years, 2 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities
2 years, 3 months ago

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities

Live Law  

Paving way for an inter country adoption by a foreign couple, the Delhi High Court on Friday directed the authorities to expeditiously conclude all legal formalities relating to adoption of a minor child with special needs, who was found abandoned in October 2019 in a cremation ground. The bench observed that undisputedly no reservation came to be made by a …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 4 months ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law  

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam
2 years, 4 months ago

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam

Live Law  

The Delhi High Court has dismissed the petition of a judiciary aspirant who had prayed for a direction to declare him qualified in Delhi Higher Judicial Services Examination - 2022.Anil Kumar, the petitioner, could not clear the examination and was declared unsuccessful solely for the reason that the marks secured by him in Paper-I were below the. The Delhi High …

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, 8 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, 8 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. …

Delhi High Court Restrains Husband From Pursuing Matrimonial Case In Canada During Pendency Of Divorce Petition Filed By Wife In India
2 years, 8 months ago

Delhi High Court Restrains Husband From Pursuing Matrimonial Case In Canada During Pendency Of Divorce Petition Filed By Wife In India

Live Law  

The Delhi High Court has taken a serious view of a case wherein the Husband deliberately avoided service in the divorce proceedings filed by his wife in India, refused to appear before the Court here and filed a separate divorce case in Canadian Court. Observing that the multiplicity of divorce proceedings before the Courts in India and Canada could result …

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, 9 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 …

Conduct Of Judges Noted & Observed, Must Not Act In Any Manner Which Gives Rise To Slightest Of Doubt In Minds Of Lawyers & Litigants: Delhi HC
2 years, 9 months ago

Conduct Of Judges Noted & Observed, Must Not Act In Any Manner Which Gives Rise To Slightest Of Doubt In Minds Of Lawyers & Litigants: Delhi HC

Live Law  

The Delhi High Court has said that judges must not act in any manner which gives rise to slightest of doubt in the minds of lawyers and litigants as their conduct is noted and observed by the litigants. Justice Dinesh Kumar Sharma made the said observation while expressing displeasure over the conduct of a Family judge who had shared his …

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent
2 years, 10 months ago

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent

Live Law  

The Delhi High Court recently in a matter allowed the constitution of a confidentiality club and directed whatever information is revealed in it, will be used by the respondent only for the purpose of progressing this case. The order was passed by a division bench of Justice Rajiv Shakdher and Justice Poonam A. Bamba: "In the meanwhile, counsel for the …

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC
2 years, 11 months ago

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC

Live Law  

The Delhi High Court has observed that the ambit and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two competing statutes, must be harmoniously construed so as to avoid a situation of repugnancy and conflict.Justice Yashwant Varma relied on a 2017 judgment of the Supreme Court in Amit Kumar and another v. …

What Is The Special Role That A Family Judge Is Obliged To Discharge As Distinct From General Role Of An Adjudicator? Delhi High Court Answers
2 years, 11 months ago

What Is The Special Role That A Family Judge Is Obliged To Discharge As Distinct From General Role Of An Adjudicator? Delhi High Court Answers

Live Law  

The Delhi High Court has enumerated various principles highlighting the special role that a Family Judge is obligated to discharge as distinct from the general role of an adjudicator. Perusing the order dated 28nd October 2021 wherein it was argued by the petitioner that the Family Judge incorrectly recorded that it was the petitioner who was describing the child borne …

'Let The Exam Go Through' : Supreme Court Dismisses Plea To Modify Order Granting Upper-Age Relaxation In DJSE
2 years, 11 months ago

'Let The Exam Go Through' : Supreme Court Dismisses Plea To Modify Order Granting Upper-Age Relaxation In DJSE

Live Law  

The Supreme Court on Friday dismissed a plea seeking to change the cut-off of "Not Born Before 01.01.1989" for General Category Candidates in the Delhi Judicial Service Exam as "Not Born Before 01.01.1988".The Miscellaneous Application sought a modification of the Top Court's order dated March 14, 2022 with regard to relaxation of upper age limit in the Delhi Judicial Service …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
2 years, 11 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 …

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