'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs
2 years, 11 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 2004 and following which the husband married the second time and has two children. It added, "The appellant/ husband has already got married for the second time after an ex-parte decree of divorce passed by the Family Court and is having two children out of the said wedlock. Considering that the wife has filed civil proceedings to restrain the husband from a second marriage until she is alive, the court observed that the respondent/wife neither wants divorce nor permanent alimony.

Family Marriage Court Divorce Parties Kar Husband Her Parents Petition Appellant  court  husband  appellant  separately  family  marriage  high  second  living  parties  karnataka  dead  order  divorce  yrs  petition  totally  grants

History of this topic

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington
2 days, 7 hours ago

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington

The Hindu  

The Madras High Court has restrained an American citizen from proceeding with a divorce case filed by her before the King County Superior Court in Washington, United States, and also from initiating any kind of legal proceedings related to her marriage before the courts in Singapore. The alleged adulterer was also made one of the respondents to the divorce petition …

Supreme Court lays down factors for deciding alimony amid techie suicide case
1 week, 4 days ago

Supreme Court lays down factors for deciding alimony amid techie suicide case

India Today  

Amid an ongoing debate over the suicide of a Bengaluru-based techie allegedly due to harassment by his estranged wife, the Supreme Court has laid down a number of conditions and factors that require due weightage while deciding the alimony in divorce cases. A bench of Justice Vikram Nath and Justice Prasanna V Varale ordered Praveen Kumar Jain to pay Rs …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
2 weeks, 3 days ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles
2 weeks, 6 days 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 …

SC Criticizes Telugu States District Courts
3 weeks, 3 days ago

SC Criticizes Telugu States District Courts

Deccan Chronicle  

Hyderabad: The Supreme Court was shocked with the conduct of judicial and administration proceedings in the district judiciary of the Telugu states, where judicial officers issued orders on a Sunday in the face of an apex court stay. The apex court expressed apprehensions over the aptitude of the presiding officers of the district courts in the two states, who could …

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce
1 month ago

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Live Law  

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. The appellant/wife had filed an appeal under Section 28 …

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

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
1 month, 1 week ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

Hindu marriage can’t be dissolved as a contract: Allahabad High Court
3 months, 1 week 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
3 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 …

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court
3 months, 3 weeks ago

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court

Live Law  

In a recent case, the Supreme Court expressed dismay over the mechanical approach adopted by the Family Court in granting a divorce decree against the wife despite no fault being attributed to her. Consequently, a divorce petition was filed by the husband on the ground of cruelty which was decreed by the family court against the wife, following which on …

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
4 months ago

Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court

Live Law  

While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
4 months, 2 weeks ago

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
5 months, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
5 months, 1 week ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court
5 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 …

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court
6 months, 2 weeks ago

Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.” The family court had ordered payment of interim maintenance …

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court
6 months, 4 weeks ago

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court

Live Law  

The Karnataka High Court recently allowed an appeal filed by a woman challenging the order of the trial court dismissing her petition seeking divorce and held that unfounded allegation on the character of a spouse causes mental cruelty and can be a ground for dissolution of marriage. It was stated that three years after the marriage, the respondent started torturing …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
7 months ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
9 months, 3 weeks 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 …

Family court in Indore orders wife to give maintenance to jobless husband
10 months ago

Family court in Indore orders wife to give maintenance to jobless husband

Op India  

On Thursday, a family court in Indore ordered a wife to give Rs 5000 per month as maintenance to her jobless husband while giving a verdict on their plea to get separated. Section 24 says, “Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
10 months, 3 weeks 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, …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
11 months, 1 week 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 …

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife
11 months, 3 weeks 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 | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023
1 year ago

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023

Live Law  

Nominal Index: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur. 2023 LiveLaw 456 Harish B T And Life Insurance Corporation of India 2023 LiveLaw 457 PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court Case Title: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur Case …

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce
1 year, 1 month ago

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce

Live Law  

The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established. The bench said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if Domestic Violence is proved and in fact, in the instant …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 2 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 …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 2 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 2 months ago

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court

Live Law  

The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. However, the court rejected this contention saying “It is an ex parte order passed by the German Court whilst the child was in India.” Further it held “The Court …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 3 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

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

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

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month
1 year, 3 months ago

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month

Live Law  

The Karnataka High Court recently granted relief to the daughter of a former High Court judge, enhancing monthly maintenance payable to her by her husband to Rs. The Court rejected the appeal preferred by the husband challenging the family court order directing him to pay Rs 75,000 per month to his wife. If the facts in the case at hand …

Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce
1 year, 4 months ago

Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce

Firstpost  

During cross-examination, when asked if she would be willing to reconcile with her husband, the wife expressed her willingness but asserted that she would not withdraw the complaints lodged against her husband and his family In a recent ruling, the Karnataka High Court while granting dissolution of marriage to a couple, highlighted that a woman repeatedly calling her husband dark-skin …

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court
1 year, 4 months ago

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court

Live Law  

The Karnataka High Court has said courts should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year. A single judge bench of Justice Krishna S Dixit said “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 5 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

Can A Court Reject Plea For Divorce By Mutual Consent Just Because Husband & Wife Are Residing In Same Premises? Karnataka High Court Says No
1 year, 6 months ago

Can A Court Reject Plea For Divorce By Mutual Consent Just Because Husband & Wife Are Residing In Same Premises? Karnataka High Court Says No

Live Law  

The Karnataka High Court has held that just because an estranged couple are residing under the same roof, a court cannot reject their plea seeking dissolution of marriage by mutual consent, on this ground alone. A single judge bench of Justice Krishna S Dixit allowed a petition filed by a couple and set aside the order of the family court …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 6 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 …

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court
1 year, 6 months ago

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. Observing that obviously the two suits will have their own issues but same is no ground for denying the request for clubbing, the court said: "It is also …

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling
1 year, 7 months ago

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling

The Hindu  

Not all marriages are happy, and not all divorces are unhappy. Leaning on the “guiding spirit” of Article 142 of the Constitution to do “complete justice” in any “cause or matter”, a Constitution Bench said it could use this extraordinary discretionary power to grant divorce by mutual consent to couples trapped in bitter marriages. It also aims to spare couples …

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal
1 year, 8 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 …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 8 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

Man can divorce wife if she tries to separate him from his parents: Calcutta HC
1 year, 8 months ago

Man can divorce wife if she tries to separate him from his parents: Calcutta HC

Hindustan Times  

The Calcutta High Court has ruled that a husband can file for divorce on the grounds of “mental cruelty” - if his wife “tries to forcefully separate him from his parents”. The court made the observation while hearing a woman's plea challenging a family court's decision to grant her husband divorce. Om March 31, a division bench of justices Soumen …

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance
1 year, 9 months ago

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance

Live Law  

The Madras High Court has recently set aside an order of the Family Court directing the wife to pay twenty thousand rupees as interim maintenance to her husband during the pendency of their divorce petition. Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The appellants …

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
1 year, 9 months ago

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Live Law  

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband. A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay …

All High Courts Family Law Digest 2022
1 year, 10 months 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: …

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act
1 year, 10 months ago

Karnataka High Court Issues Directions To Ensure Time Bound Disposal Of Maintenance Applications U/s 24 Hindu Marriage Act

Live Law  

The Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance from their respective husbands under section 24 of the Hindu Marriage Act. The term “as far as possible” is being interpreted that the Court can pass orders even after six months in some cases, two years, three …

Only Family Courts can issue Khula divorce certificates to Muslim women, Madras High Court rules
1 year, 10 months ago

Only Family Courts can issue Khula divorce certificates to Muslim women, Madras High Court rules

The Hindu  

Muslim women can approach only Family Courts and not self-declared private bodies such as a Shariat council consisting of a few members of a Jamaath, in order to seek a Khula, the Madras High Court has held. Though the writ petition against the Khula certificate was pending in the High Court since 2019, the petitioner’s wife chose to remain absent …

Karnataka High Court allows 'marriage' of bride aged below 18
1 year, 10 months ago

Karnataka High Court allows 'marriage' of bride aged below 18

India TV News  

The Karnataka High Court has held that a marriage under the Hindu Marriage Act cannot be termed void even if the bride is below 18 years of age. A lower court had declared a marriage void under Section 11 of the Act but the High Court pointed out that this section does not include the condition of the bride being …

Discover Related