Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]
6 years, 11 months ago

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]

Live Law  

Exercise of such a discretionary power by a court cannot be curtailed by issuing any guidelines, as is sought by the petitioners, the bench said.The High Court of Kerala recently rejected a plea of ‘estranged’ husbands to lay down scientific guidelines to family courts for an objective assessment of the welfare of the child, while deciding child-custody petitions.Ten husbands who are. The High Court of Kerala recently rejected a plea of ‘estranged’ husbands to lay down scientific guidelines to family courts for an objective assessment of the welfare of the child, while deciding child-custody petitions. Ten husbands who are fighting cases against their wives in the family courts, on the issue of custody of children, had approached the high court, by filing a public interest litigation, complaining that family courts’ orders in child custody issues, lack objective assessment based on any scientific criteria. According to them, this study suggests that the subjective satisfaction of the adjudicative machinery is replaced by an objective assessment with scientific criteria to determine the best interest of the child in matters involving the custody of the children, visitorial right, guardianship etc, in the disputes pending before the family courts and other courts.

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History of this topic

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court
1 week, 6 days 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 …

Biological parent’s consent needed for adoption of child by step-parent: Kerala High Court
3 weeks ago

Biological parent’s consent needed for adoption of child by step-parent: Kerala High Court

The Hindu  

The Kerala High Court has held that adoption of a child by his/her step-parent cannot be permitted as long as the biological parent does not give consent for the adoption. Dias made the ruling on Wednesday while dismissing a petition filed by a re-married woman seeking to relax the stipulation of obtaining consent from her former husband for adopting the …

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
3 weeks, 5 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 …

Make family courts child-friendly, says child rights panel
3 weeks, 6 days ago

Make family courts child-friendly, says child rights panel

New Indian Express  

THIRUVANANTHAPURAM: Family courts should be made ‘child-friendly’ taking into account the huge physical, mental and emotional stress that children accompanying their parents undergo during the hearing of divorce petitions, the state child rights commission has recommended. The recommendation forms part of a study undertaken by the commission on the problems faced by children of couples undergoing divorce proceedings and the …

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court
1 month ago

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has held that a suit relating to the declaration of a matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act and the family court would have jurisdiction to adjudicate them. Relying on the judgment of the High Court in the case of Bhuvaneshwari vs. …

Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC
1 month, 1 week ago

Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC

Live Law  

The Gauhati High Court recently allowed an application seeking condonation of a 21-day delay in filing an appeal against a family court's order, after noting that this 21-day delay which was already beyond the prescribed 30-day limitation period as prescribed under the family court's act may not classify as “barred by limitation”. After the Supreme Court's ruling in Savitri Pandey …

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 2 weeks ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC
1 month, 2 weeks ago

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC

Live Law  

The Kerala High Court has reiterated that while dealing petitions for divorce on ground of cruelty, Courts cannot rely on rigid definitions of cruelty. Stating that the emotional quotient of every individual is different, it added that Courts must assess whether the conduct of one spouse has made it unreasonable for the other spouse to live with them. The Division …

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

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle
3 months, 1 week ago

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

Live Law  

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court. …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
3 months, 1 week ago

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Live Law  

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 2 weeks ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

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

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 months, 3 weeks ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case
4 months ago

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case

Live Law  

While deciding a review petition pertaining to a custody dispute, the Kerala High Court said that a party is not estopped when the error is committed by the court itself. The mother also moved cross applications, which were dismissed by the family court and the father was allowed to take the child to Dubai subject to the visitation rights of …

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father
4 months, 1 week ago

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

Live Law  

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression. Snehalatha observed that the Family Court should not have granted permanent custody the daughter to the father …

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad
4 months, 2 weeks ago

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad

Live Law  

The Kerala High Court has directed the District Legal Services Authority, Wayanad to chalk out a long-term plan to increase awareness about negative aspects of child marriage and dissuading people from it. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu passed this order in a Suo Motu proceedings initiated by the Court in 2016 on a …

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
7 months, 3 weeks ago

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court

Live Law  

The Kerala High Court has held that a woman who complains of being in a loveless relationship with her husband who is allegedly living a wayward life and acting under the influence of alcohol would not be able to enumerate each and every incident of cruelty. The Family Court held that the disputes between the parties were part of 'ordinary …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
11 months ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Kerala High Court Annual Digest 2023: Criminal Law
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Criminal Law

Live Law  

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case Case Title: T. A. Abdul Sathar v. The State of Kerala and Ors. v. State of Kerala Citation: 2023 LiveLaw 120 The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year, 3 months ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 4 months ago

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters

Live Law  

The Karnataka High Court on Monday issued notices to the Union and State Government on a suo-motu petition for guidelines to be followed while determining issues of child custody. However, courts are also confronted by cases of relocation, abandonment, neglect, abuse, mental health concerns, parents who are psychologically/financially/physically unfit to care for their children, other relatives such as grandparents/aunts/uncles/community members …

[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 …

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench
1 year, 7 months ago

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench

Live Law  

The Bombay High Court has directed its Registry to place before an appropriate bench a clutch of petitions to decide a common legal issue – whether family courts are competent to hear domestic violence cases. “A common question involved is whether the Family Court established under the Family Courts Act, 1984 is competent to conduct the proceedings and give the …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 8 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience 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, 10 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 …

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, 10 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 …

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General
1 year, 10 months ago

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General

Live Law  

The Gujarat High Court on Thursday directed the Registrar General to circulate a report issued by the Child Rights Foundation in 2017, among the Judicial Officers so that while deciding child custody cases, the concerned judge can come to a right conclusion. The petitioner submitted that several High Courts have directed the judges who are dealing with child custody cases …

'It reflects medieval conservative...': Bombay High Court on refusing divorced woman for child adoption
1 year, 11 months ago

'It reflects medieval conservative...': Bombay High Court on refusing divorced woman for child adoption

India TV News  

'It reflects medieval conservative. ': Bombay High Court on refusing divorced woman for child adoption The woman had sought to adopt her sister's daughter. The civil court had in its order said since Ansari was a working woman and a divorce, she would not be able to give personal attention to the child and that the child ought to be …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 11 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court
2 years ago

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a person who is able to pay a hefty loan amount can not deflect from his responsibility towards his legally wedded wife as well children.The observation was made by the bench of Justice Jagmohan Bansal while upholding a family court order directing one Sandeep Malik, a Lieutenant Colonel, working with the …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
2 years ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court
2 years, 1 month ago

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that when a child is grown up and is capable of making rational decisions on his/her own, the court must not give too much importance to the demands of the parents' battling the custody of the child. The petitioner father had challenged the limited visitation rights that had been granted to him by …

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: …

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
2 years, 1 month ago

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Live Law  

Nearly a month after a division bench of Madras High Court directed a woman to hand over her twin sons to their father in the US, a single judge of the high court said the 15-year-old twins are not "mere minors" but "matured minors" who cannot be treated as properties to be handed over to a person "with whom the …

Important Judgments Of Kerala High Court In 2022
2 years, 2 months ago

Important Judgments Of Kerala High Court In 2022

Live Law  

LiveLaw reported 671 judgements from Kerala High Court in 2022. Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court Case Title: Thomas P. & Anr v. State of Kerala & Ors Citation: 2022 LiveLaw 15 The Court recently laid down that the Family Court with the respective territorial jurisdiction is …

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court
2 years, 3 months ago

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court

Live Law  

The Supreme court observed that orders giving visitation rights or temporary child custody cannot be passed in a proceedings under Section 9 of the Hindu Marriage Act.In this case, the husband filed a petition under Section 9 of the Hindu Marriage, Act, 1955, seeking Restitution of Conjugal Rights, against the wife before the Family Court. The Supreme court observed that …

Kerala High Court declares unconstitutional stipulation of 1-yr separation or more for filing divorce plea
2 years, 3 months ago

Kerala High Court declares unconstitutional stipulation of 1-yr separation or more for filing divorce plea

Firstpost  

The High Court gave this order on a plea filed by a young Christian couple challenging the fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 as being violative of fundamental rights Kochi: The Kerala High Court has declared as unconstitutional the stipulation of one year of separation or more for …

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court
2 years, 7 months ago

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Live Law  

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney. Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child. …

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court
2 years, 7 months ago

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court

Live Law  

The Madhya Pradesh High Court recently in an application for transfer of a matrimonial case observed that when it's the husband who has the custody of the minor children, more weightage has to be given to his convenience compared to that of the wife. The bench comprising of Justice Nandita Dubey further noted that under such circumstances, the husband cannot …

Lok Sabha Passes Bill To Validate Family Courts In Himachal Pradesh & Nagaland
2 years, 8 months ago

Lok Sabha Passes Bill To Validate Family Courts In Himachal Pradesh & Nagaland

Live Law  

The Lok Sabha today passed the Family Courts Bill, 2022 to overcome the issue of lack of jurisdiction of Family Courts in the States of Himachal Pradesh and Nagaland. Though the Government of Nagaland established two Family Courts in September 2008 and the Government of Himachal Pradesh established three Family Courts in February 2019, the same are yet to be …

Young Minds Develop Negative Notions Of Justice Delivery System: Kerala HC Suggests Introducing Child-Friendly Rooms In Family Courts
2 years, 8 months ago

Young Minds Develop Negative Notions Of Justice Delivery System: Kerala HC Suggests Introducing Child-Friendly Rooms In Family Courts

Live Law  

The Kerala High Court has suggested introducing child-friendly rooms in all Family Courts in the State after finding that they were operating with inadequate infrastructure and facilities. The Court thereby directed the Registrar of the District Judiciary to submit a report on the number of POCSO Courts functioning in the near vicinity of all Family Courts and to explore the …

Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court
2 years, 10 months ago

Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court

Live Law  

The Kerala High Court has ruled that a Magistrate is empowered to decide the pela of talaq raised by the husband in his wife's petition filed under the Domestic Violence Act if he disputes their marital status on that ground. Justice Kauser Edappagath thereby allowed a criminal revision petition holding that the finding of the appellate court that the Magistrate …

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

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC
3 years, 1 month ago

Long Non-Cohabitation Due To Deliberate Avoidance Not Ground For Divorce When Other Spouse Has No Fault & Is Ready To Continue Marriage: Kerala HC

Live Law  

In a noteworthy judgment, the Kerala High Court on Wednesday made several important observations on matrimonial cruelty and the scope of revival of condoned matrimonial offences. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas dismissed an appeal filed by a woman seeking to reverse the order of a Family Court which rejected her plea for divorce …

Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court
3 years, 2 months ago

Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court

Live Law  

The Kerala High Court has recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption.After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. The Kerala High Court has recently laid down that the Family Court with the …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
3 years, 2 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 …

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre
3 years, 3 months ago

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre

Live Law  

The Himachal Pradesh High Court this week asked the Central Government as to whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not.Essentially, the Bench of Justice Ajay Mohan Goel was hearing a criminal revision plea when the counsel for the petitioner …

Kerala HC refuses to interfere with Karnataka govt travel restrictions
3 years, 5 months ago

Kerala HC refuses to interfere with Karnataka govt travel restrictions

Deccan Chronicle  

Kochi: The Kerala High Court on Tuesday dismissed two pleas challenging Karnataka government's decision to restrict entry from here at borders of Kasaragod and Mangalore only to those having a negative RT-PCR report, saying the neighbouring state was well within its powers to issue such directions. "Therefore, state of Karnataka was well within its powers to issue circulars, orders or …

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