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
1 week, 6 days 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 challenging a family court order closing her right to file reply or written statement. Petitioner shall suffer great prejudice in case she is not allowed to file the written statement and bring-forth her defence in the divorce petition,” the Court said.

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History of this topic

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
2 weeks, 6 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 …

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 HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 2 weeks ago

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

Hindustan Times  

The Delhi high court has held that a wife can claim interim maintenance under Section 24 of the Hindu Marriage Act even if she does not act upon a settlement with her husband that sought to finalise the maintenance terms. The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite …

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 …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
3 months ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

Delhi HC summons woman to verify man's claim of consensual marriage
3 months, 1 week ago

Delhi HC summons woman to verify man's claim of consensual marriage

Hindustan Times  

New Delhi, The Delhi High Court has directed a woman to appear in person to verify whether her marriage with a man was consensual or not. Delhi HC summons woman to verify man's claim of consensual marriage When the woman appeared before the bench of Justices Pratibha M Singh and Amit Sharma through video-conferencing, her video was not switched on …

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 …

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 Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC
6 months, 2 weeks ago

Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC

Live Law  

The Allahabad High Court has held that where there is long period of separation, a decade in this case, the Family Court cannot refuse to grant decree of divorce and disregard the emotions and feelings of the parties who are no longer affectionate towards each. The bench comprising of Justice Rajan Roy Singh and Justice Subhash Vidyarthi held “By refusing …

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 …

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

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

Live Law  

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

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 …

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 …

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 …

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court
2 years, 5 months ago

Time For Filing Written Statement Starts From Date Of Providing Suit And Documents To Defendant: Delhi High Court

Live Law  

The Delhi High Court has observed that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summons, will commence from the date when the suit along with the documents is provided to the defendant. Justice C Hari Shankar said the service of summons in a suit has to be a …

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC
2 years, 5 months ago

Husband's Failure To Seek Execution Of Decree For Restitution Of Conjugal Rights Does Not Forgo Wife's Act Of Desertion: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently allowed the plea for divorce made by a husband after failure to persuade his wife to accompany him to the matrimonial home and her reluctance to join him even after passing of a decree in his favour under Section 9 of Hindu Marriage Act for restitution of conjugal rights.A bench of Justices Goutam Bhaduri and …

Delhi HC to pass interim order on plea by mother of pregnant minor girl
2 years, 6 months ago

Delhi HC to pass interim order on plea by mother of pregnant minor girl

Hindustan Times  

The Delhi high court on Tuesday said it would pass an interim order on the plea by a mother seeking to terminate her minor daughter’s pregnancy that was borne out of a “consensual relationship”, without informing the police which is mandatory under the law in such cases. HC to pass interim order on plea by mother of pregnant minor girl …

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 …

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 …

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
2 years, 9 months ago

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge, Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement …

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 …

"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. …

Family Courts Expected To Bring About Settlement, Endeavour Can't Be To Simply Dispose Of Cases At Cost Of Justice: Delhi High Court
3 years, 1 month ago

Family Courts Expected To Bring About Settlement, Endeavour Can't Be To Simply Dispose Of Cases At Cost Of Justice: Delhi High Court

Live Law  

The Delhi High Court has observed that the Family Courts are expected to function so as to bring about a settlement between the parties if possible, adding that the endeavour of the Court cannot simply be to dispose of the matters, one way or another at the cost of sacrificing the cause of justice.A Bench of Justice Vipin Sanghi and …

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 …

Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court
3 years, 5 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 …

Delhi HC Grants Interim Custody of Married Woman to Father Considering Her Mental State
3 years, 8 months ago

Delhi HC Grants Interim Custody of Married Woman to Father Considering Her Mental State

News 18  

The Delhi High Court has granted the interim custody of a married woman, whose mental condition does not appear to be normal, to her father on the allegation that she has suffered severe mental trauma at the hands of her husband and parents-in-law, resulting in a partial loss of her memory and speech. The court said first and foremost it …

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage
3 years, 11 months ago

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage

Live Law  

The Supreme Court has affirmed a Delhi High Court decision that a widow's right to claim compensation under the Motor Vehicles Act for the death of her husband in a motor vehicle accident will not abate on her re-marriage. By dismissing the SLP against the Delhi High Court decision, the Supreme Court has affirmed that the right of a widow …

Delhi HC Issues Notice in Plea Seeking Direction To Family Courts To Record Evidence Through Video Conferencing [Read Order]
4 years, 9 months ago

Delhi HC Issues Notice in Plea Seeking Direction To Family Courts To Record Evidence Through Video Conferencing [Read Order]

Live Law  

The Delhi High Court has issued notice in a plea seeking a direction to be issued to Family Courts to record evidence in pending cases through video conferencing. The Division Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon has issued notices to Delhi Government, Headquarters of Family Courts, and the Delhi High Court. Therefore, the Petitioner seeks a …

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]
5 years, 6 months ago

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]

Live Law  

The Karnataka High Court has overturned a divorce decree granted ex-parte to a husband and remanded the matter back to the family court for fresh consideration, after it was found that husband gave wrong address details of the wife, so that she could not be called upon to file her reply to his divorce petition. The wife argued before the …

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]
5 years, 8 months ago

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that irretrievable breakdown of marriage alone cannot be a ground of divorce and can only be considered as a circumstance by the Court if it is merged with cruelty. Moreover the Family Court observing that the marriage was dead for all purposes since they had been living separately, ordered it to be dissolved, for …

Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]
5 years, 10 months ago

Mother Can't Give Up Maintenance Rights Of Daughter During Mutual Consent Divorce: SC [Read Order]

Live Law  

The Supreme Court has observed that a mother cannot give up the rights which vest in the daughter insofar as maintenance and other issues are concerned, during divorce by mutual consent. While considering an appeal, the bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra noticed one of the terms agreed between the parties which read thus: The applicant …

A Decade After Man’s Death, Delhi HC Allows His Wife’s Appeal Against Divorce [Read Judgment]
6 years, 4 months ago

A Decade After Man’s Death, Delhi HC Allows His Wife’s Appeal Against Divorce [Read Judgment]

Live Law  

Ten years after the death of her husband, a lady’s appeal against divorce decree granted by the family court has been allowed by the Delhi High Court.In 2007, the family court had dissolved their marriage observing that they had reached to a point of no return and their marriage had broken down irretrievably. Ten years after the death of her …

Decade after husband’s death, HC allows plea against divorce in Delhi
6 years, 4 months ago

Decade after husband’s death, HC allows plea against divorce in Delhi

The Hindu  

Ten years after her estranged husband died, the Delhi High Court has allowed a woman’s plea to set aside their divorce by mutual consent, saying she had not agreed to it in the trial court. Hindu Marriage Act Justice Anu Malhotra said that under the Hindu Marriage Act, divorce by mutual consent can be granted only if there was continued …

Family Courts Should Not Close Right To File Written Statement/ Lead Evidence/ Cross Examination In Undue Haste: Delhi HC [Read Judgment]
6 years, 9 months ago

Family Courts Should Not Close Right To File Written Statement/ Lead Evidence/ Cross Examination In Undue Haste: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently cautioned Family Courts against closing the "valuable" right to file a written statement or to lead evidence or to cross-examine any witness in undue haste.Justice J.R. Midha highlighted the importance as well as difficulty in ascertaining the truth in matrimonial litigations, and observed, "This Court is of the view that it is the duty of …

Wife's False Allegations Of Infidelity Amount To Cruelty: Delhi HC Grants Divorce [Read Judgment]
6 years, 10 months ago

Wife's False Allegations Of Infidelity Amount To Cruelty: Delhi HC Grants Divorce [Read Judgment]

Live Law  

The Delhi High Court recently granted divorce to a man holding that his estranged wife's false allegation of illicit relation between him and his widowed sister-in-law amounted to cruelty.Justice J.R. Midha was hearing Appeals challenging a Trial Court order, whereby a couple had been granted a decree for judicial separation under Section 13A of the Hindu Marriage Act. The Delhi …

Delhi HC Dismisses Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case [Read Judgment]
7 years, 8 months ago

Delhi HC Dismisses Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case [Read Judgment]

Live Law  

The Delhi High Court has dismissed a plea filed by a woman against a lower court’s’ decree in a suit for dishonour of cheque of Rs. 3.96 lakh passed almost three years ago.She urged the court to condone the delay saying she did not contact her advocate all this while, after the latter assured her of the best services.The high …

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]
7 years, 10 months ago

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]

Live Law  

The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty.The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869.However, …

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]
7 years, 10 months ago

Bombay HC Upholds Divorce On Grounds Of Cruelty Towards Husband Whose Wife Filed False 498A Case [Read Judgment]

Live Law  

The Bombay High Court has upheld the order of a family court dissolving a marriage between a couple who had been married since 1987, on grounds of cruelty.The family court, in its order dated May 26, 2008, allowed the husband’s divorce petition on grounds of cruelty and desertion by the wife under Sections 10 and of the Divorce Act, 1869.However, …

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]
8 years ago

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]

Live Law  

No details have been stated as to how and at what time and in what manner she was coerced into settling the matter, the court said.The Delhi High Court has refused to recall its order quashing a criminal case against a person accused of sexually harassing a lady.Two years ago, the high court had quashed the case against the accused …

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]
8 years ago

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]

Live Law  

No details have been stated as to how and at what time and in what manner she was coerced into settling the matter, the court said.The Delhi High Court has refused to recall its order quashing a criminal case against a person accused of sexually harassing a lady.Two years ago, the high court had quashed the case against the accused …

Bombay HC Tells Family Courts To Follow Law In Letter And Spirit [Read Judgment]
8 years, 2 months ago

Bombay HC Tells Family Courts To Follow Law In Letter And Spirit [Read Judgment]

Live Law  

A division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court has cautioned family courts to follow the law in letter and spirit, while hearing matters of divorce with mutual consent.The bench was hearing an appeal filed by a 36-year-old woman against a judgment of the Principal Judge, Family Court, Mumbai.By the judgment dated June …

Bombay HC Tells Family Courts To Follow Law In Letter And Spirit [Read Judgment]
8 years, 2 months ago

Bombay HC Tells Family Courts To Follow Law In Letter And Spirit [Read Judgment]

Live Law  

A division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court has cautioned family courts to follow the law in letter and spirit, while hearing matters of divorce with mutual consent.The bench was hearing an appeal filed by a 36-year-old woman against a judgment of the Principal Judge, Family Court, Mumbai.By the judgment dated June …

Divorce without cooling off period
8 years, 4 months ago

Divorce without cooling off period

Deccan Chronicle  

New Delhi: The Supreme Court has granted divorce to a lawyer couple, invoking its inherent powers, and waiving off the cooling off period of minimum six months under the Hindu Marriage Act. A bench of Justices Kurian Joseph and R.K. Agrawal passed this order while dismissing a writ petition filed by the wife to declare the marriage held over seven …

False Allegations Of Sexual Perversity Against Husband Amounts To Cruelty, A Ground For Divorce: Delhi HC [Read Judgment]
8 years, 4 months ago

False Allegations Of Sexual Perversity Against Husband Amounts To Cruelty, A Ground For Divorce: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has dismissed a petition against an order of dissolution of marriage and ruled that allegations of sexual perversity against a spouse amount to mental cruelty, justifying a decree of divorce.The wife had challenged order of the family court, whereby the marriage between the parties was dissolved. Justice Pradeep Nandrajog and Justice Pratibha Rani, however, upheld the …

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]
8 years, 6 months ago

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]

Live Law  

Cautioning against the overwhelming nature of evidentiary material in such pleadings, the court stated that factors of each case must be considered, and accusations and allegations must be viewed in the context in which they were made. Pointing out that divorce petitions are mostly rigged with exaggerated allegations against the spouse, the Delhi High Court on Friday held that ‘the. …

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]
8 years, 7 months ago

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]

Live Law  

Delhi High Court answering an ‘interesting question’ about ‘child custody’ proceedings, has held that a spouse who seeks custody of the children by moving a petition under Section 25 of the Guardians and Wards Act and obtains interim orders cannot withdraw the proceedings and continue to take benefit of the interim orders. In the instant case, mother had filed a …

Courts can’t deny divorce to couple for want of reason, says HC
8 years, 7 months ago

Courts can’t deny divorce to couple for want of reason, says HC

India TV News  

Couples seeking divorce, but unwilling to reveal the reason behind their separation might find solace in this observation by the Madras High Court. Hearing an appeal against a Tirunelveli family court’s decision to deny divorce to a couple which had been living separately for more than a year, the Madras High Court observed that courts should not insist on knowing …

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