Anuradha Paudwal’s Daughter-In-Law Agrees To Withdraw DV Case Filed Against Her; To Dissolve Marriage Amicably
7 years, 1 month ago

Anuradha Paudwal’s Daughter-In-Law Agrees To Withdraw DV Case Filed Against Her; To Dissolve Marriage Amicably

Live Law  

In a respite to Bollywood’s well-known playback singer Anuradha Paudwal, who was entangled in her son’s divorce battle for past few years, her daughter-in-law Ambreen Akhoon and her son Aditya have arrived at a settlement and have decided to withdraw all proceedings against each other and their respective family members.Filing the consent terms before a Supreme Court bench of Justice. In a respite to Bollywood’s well-known playback singer Anuradha Paudwal, who was entangled in her son’s divorce battle for past few years, her daughter-in-law Ambreen Akhoon and her son Aditya have arrived at a settlement and have decided to withdraw all proceedings against each other and their respective family members. “Both the parties withdraw all allegations made against each other and/or their respective family members in all the legal proceedings including the present petition …, proceedings filed in the Hon’ble High Court, Hon’ble Supreme Court and elsewhere,” as per the terms before the top court. The apex court bench has disposed of a plea filed by Paudwal against the Bombay High Court’s order which had held that the family court can hear proceedings initiated by Ambreen against her husband and mother-in-law under the Domestic Violence Act.

Family Supreme Court Court Her Son Paudwal Dissolve Marriage Proceedings Filed  bench  court  amicably  family  husband  dv  daughterinlaw  dissolve  marriage  case  proceedings  filed  anuradha  high  withdraw  petition  paudwals

History of this topic

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered
1 month ago

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

Live Law  

The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also dismissed the review petition filed by the Petitioner, stating that the same was misconceived and that the order passed by the trial court did not suffer from any infirmity. …

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

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Family Law: All India Annual Digest 2024
1 month, 3 weeks ago

Family Law: All India Annual Digest 2024

Live Law  

SUPREME COURT CustodyCustody of minor children – Parental Alienation Syndrome – It is challenged that the Minor Children have been influenced against the Respondent and the preference indicated by the Minor Children ought not to be considered representative of their true emotions. S.125 CrPC | Wife Residing Away From Husband Without Any Reasonable Cause Not Entitled To Maintenance: Jharkhand 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 …

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

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

Live Law  

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

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
3 months, 1 week ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

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

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 …

Right To Seek Divorce Is 'Personal Right' Of Individual, Family Cannot Pursue Proceedings After Son's Death: Bombay High Court
7 months, 2 weeks ago

Right To Seek Divorce Is 'Personal Right' Of Individual, Family Cannot Pursue Proceedings After Son's Death: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court held that the 'right to seek divorce' is a personal right of an individual and the same cannot be extended to the family members of a person, even after his or her death.A division bench of Justices Mangesh Patil and Shailesh Brahme delivered the judgment while dismissing an appeal filed by the …

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
7 months, 2 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 …

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court
8 months, 3 weeks ago

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court

Live Law  

While allowing a husband's appeal seeking a divorce under the Hindu Marriage Act, the Telangana High Court reiterated that marriage cannot be forced on individuals, and the Court must not act as a hangman or a counsellor to compel the parties to continue living as wife and husband in a loveless marriage. The wife had left the matrimonial home in …

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 …

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 …

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 …

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 …

SC orders immediate release of 25-year-old woman detained by her parents
1 year, 2 months ago

SC orders immediate release of 25-year-old woman detained by her parents

Hindustan Times  

Even a single day is one day too many when liberty of a person is involved, the Supreme Court held on Wednesday as it ordered immediate release of a 25-year-old woman illegally detained by her parents to stop her from being with a man of her choice and pursue a career in Dubai. On January 3, the Supreme Court bench …

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

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
1 year, 2 months ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

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

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

Live Law  

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

[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 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 …

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

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

Live Law  

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

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 …

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 …

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 …

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal
1 year, 11 months ago

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal

News 18  

A division bench of the Bombay High Court comprising Justice RD Dhanuka and Justice MM Sathaye has recently refused to grant any relief to a divorced woman who remarried a German national during the appeal period while observing that it was a “classic case of litigants trying to overreach the law”. The high court was hearing an application filed by …

Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court
2 years ago

Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that before resorting to provisions contained in Order V Rule 15 of the CPC, it has to be shown that the defendant is absent from his residence at the time when the service of the summons is sought to be effected and there is no likelihood of his being found …

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

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

News 18  

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

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

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

Live Law  

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

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 …

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 …

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq
2 years, 5 months ago

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq

Live Law  

The All-India Muslim Women's Personal Law Board has moved Supreme Court seeking against unilateral forms of divorce by Muslim husbands by pronouncement of talaq as per the personal law.The Board seeks to declare divorce given to Muslim women without following the due procedure as null & void with retrospective effect.The Board sought a direction from the Court to declare that …

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
2 years, 7 months ago

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband. The bench comprising Justice Alka Sarin further added that even before this Court, the counsel for the decree-holder/wife has not been …

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 …

Bombay HC Upholds Lower Court Order Directing Teacher to Pay Alimony to Former Husband
2 years, 11 months ago

Bombay HC Upholds Lower Court Order Directing Teacher to Pay Alimony to Former Husband

News 18  

The Bombay High Court has upheld orders passed by a local court in Nanded in Maharashtra directing a woman teacher to pay alimony to her "indigent" former husband. In an order passed on February 26 this year, Justice Bharati Dangre of the Aurangabad bench of the high court upheld the orders passed by the local court in 2017 and 2019. …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 11 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

'Wife not female': Husband approaches Supreme Court for divorce
3 years ago

'Wife not female': Husband approaches Supreme Court for divorce

Firstpost  

A bench of Justices Sanjay Kishan Kaul and MM Sundresh asked the wife to file a reply to the husband’s petition challenging a Gwalior bench of Madhya Pradesh High Court order New Delhi: The Supreme Court has issued a notice to a wife on the husband’s plea seeking divorce on the ground that he has been cheated as the medical …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
3 years ago

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage

Live Law  

The Delhi High Court has dissolved marriage between a couple living separately for 12 years taking note of the fact that the wife had filed an unsubstantiated criminal complaint against the husband and his family members which caused them immense mental cruelty and agony.Justice Vipin Sanghi and Justice Jasmeet Singh dissolved the marriage by decree of divorce under Sections 13. …

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains
3 years, 1 month ago

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains

Live Law  

The Delhi High Court has explained the scope of Judicial Separation and Divorce under the Hindu Marriage Act, 1955. "What the Family Court failed to appreciate is that, firstly, it is for the petitioner- who approaches the Family Court, to decide whether he/she wishes to obtain the relief of divorce, or of judicial separation. However, the respondent did not respond …

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent
3 years, 2 months ago

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent

Live Law  

The Rajasthan High Court has allowed a joint application filed by the petitioner-wife and the respondent-husband for waiver of six months cooling off period prescribed under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent. In light of the facts and circumstances of the case, particularly the fact that the parties are sufficiently educated and are …

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs
3 years, 2 months ago

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs

Live Law  

Observing that "the marriage is totally dead" and that nothing would be gained by trying to keep the parties tied forever to a marriage that in fact has ceased to exist, the Karnataka High Court recently granted divorce to a couple who lived separately for a period of 21 years. The family court passed an ex-parte order granting divorce in …

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 …

'Connected Questions Would Arise': Bombay HC Says Domestic Violence Case Can Be Transferred To Family Court To Be Heard With Divorce Case
3 years, 2 months ago

'Connected Questions Would Arise': Bombay HC Says Domestic Violence Case Can Be Transferred To Family Court To Be Heard With Divorce Case

Live Law  

The Bombay High Court has allowed a husband's application to transfer the Domestic Violence case filed against him by his wife from a Metropolitan court to the Family court, saying that both the cases would essentially give rise to "common and connected questions." Justice CV Bhadang, in an order passed last week, also rejected various other contentions raised by the …

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court
3 years, 5 months ago

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court

Live Law  

The Supreme Court has held that in a proceedings under the Hindu Marriage Act between a husband and a wife, a relief against a third party cannot be claimed.The Court held so while rejecting a wife's plea to seek a declaration that the alleged marriage between her husband and another woman was void. The Supreme Court has held that in …

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court
3 years, 6 months ago

Single Bench Hearing Transfer Petitions Cannot Pass Mutual Consent Divorce Decree Invoking Article 142: Supreme Court

Live Law  

The Supreme Court observed that a single bench hearing Transfer petition cannot pass a decree divorce by mutual consent under Section under Section 13 B of the Hindu Marriage Act, 1955 read with Article 142 of the Constitution of India.In a recent order, Justice Abhay S. Oka, referring to Supreme Court Rules 2013, said he could not pass a decree …

'They Resided Together Only For Two Days': P&H HC Condones Mandatory Period Of 1Yr For Filing Divorce Petition; Dissolves Marriage Of 'Young Couple'
3 years, 6 months ago

'They Resided Together Only For Two Days': P&H HC Condones Mandatory Period Of 1Yr For Filing Divorce Petition; Dissolves Marriage Of 'Young Couple'

Live Law  

Last month, the Punjab and Haryana High Court granted a divorce decree to a couple who had stayed together only for two days after they had gotten married.A Division Bench of Justice Ritu Bahri and Justice Archana Puri went on to allow the application filed by the couple under Section 14 of the Hindu Marriage Act wherein they had prayed …

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act
3 years, 9 months ago

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act

Live Law  

The Delhi High Court recently upheld the order of an Additional Session Judge directing a married man to pay ad-interim maintenance under the Protection of Women from Domestic Violence Act, 2005 to a woman claiming to be his live-in partner. Findings At the outset, the Court observed that in order to maintain a petitioner under the DV Act, the aggrieved …

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