Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington
2 days, 3 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 filed before the Family Court in Chennai on September 4, 2024. An e-mail written by her to the American Citizen Services at the U.S. embassy in Singapore, seeking a passport for her child, referred to the divorce petition filed by her estranged husband in Chennai and stated that “she needs to submit herself before the courts in India” in order to prevent an ex parte order, the judge pointed out. When no orders were passed on that application, he filed a civil revision petition before the High Court seeking a direction to the Family Court to dispose of his divorce plea within six months.

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History of this topic

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus
2 months, 3 weeks ago

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus

Live Law  

The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the …

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 …

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 …

[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 …

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 …

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, 7 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, 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 …

Foreigners can also move Indian courts in domestic abuse case, says Madras HC
1 year, 10 months ago

Foreigners can also move Indian courts in domestic abuse case, says Madras HC

Hindustan Times  

The Madras high court has said that even foreigners can invoke Domestic Violence Act, 2005 in Indian courts and that the residence of women is immaterial. Justice S M Subramaniam observed that Indian courts cannot shut out an independent consideration of the matter just because a foreign court has taken a particular view A single judge bench was hearing a …

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 …

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli
1 year, 11 months ago

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli

The Hindu  

The Madurai Bench of Madras High Court has imposed exemplary costs of ₹10 lakh on a married couple for attempting to grab an immovable property owned by a person belonging to a Scheduled Caste. Justice Sathi Kumar Sukumara Kurup directed a sessions court in Tirunelveli to collect the amount of costs imposed on the couple, Shanmuganathan and Shanthi, and pay …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 1 month 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, 2 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 …

Uniform Grounds For Divorce, Alimony : Supreme Court Seeks Centre's Response
2 years, 3 months ago

Uniform Grounds For Divorce, Alimony : Supreme Court Seeks Centre's Response

Live Law  

The Supreme Court of India on Monday asked the Union government to file a comprehensive report regarding its stand in a batch of Public Interest Litigations seeking uniformity in the personal laws regulating marriage divorce, maintenance and alimony for Indian citizens. When Solicitor General Tushar Mehta, appearing for the Centre requested time to file its response, a counsel appearing for …

Karnataka High Court quashes rape case as victim marries accused
2 years, 3 months ago

Karnataka High Court quashes rape case as victim marries accused

The Hindu  

The High Court of Karnataka has found it meaningless to continue criminal proceedings against 20-year-old youth for the charges of rape of a 17-year-old, as the girl, who was in love with him, voluntarily married him after she attained 18 years of age, gave birth to a child a year after the marriage, and is living with him. The case …

Delhi High Court Restrains Husband From Pursuing Matrimonial Case In Canada During Pendency Of Divorce Petition Filed By Wife In India
2 years, 5 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 …

Must Discourage The Trend Of Filing Writ Petitions Against Public Officials Without Following Due Procedure: Madras High Court
2 years, 6 months ago

Must Discourage The Trend Of Filing Writ Petitions Against Public Officials Without Following Due Procedure: Madras High Court

Live Law  

The Madras High Court has expressed concern over the growing "trend" of filing writ petitions in High Court against the public officials, more specifically, Police officials, whenever a criminal case is registered against some persons. On 15.03.2022, she sent a representation to authorities including Additional Principal Secretary, Director-General of Police, Deputy Inspector General of Police, District Collector and Superintendent of …

Madras High Court Weekly Round-Up: March 14 To March 20, 2022
2 years, 9 months ago

Madras High Court Weekly Round-Up: March 14 To March 20, 2022

Live Law  

Wakf Board Meddling In Administration Of Nagore Dargah': Ad Hoc Board Of Administrators Files Affidavit Before Madras HC Case Title: The Adhoc Board of Administrators, Nagore Dargah Interim Adhoc Administrators v. Muhalli Muthavalli & Anr. : Madras HC 3-Judge Bench Refers To Larger Bench Case Title: Minor & Anr v. K Vijay A 3-Judge Bench of the Madras High Court …

'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 …

Accused Says High Court Posted Case For 'Fresh Hearing' Despite Earlier Acquittal : Supreme Court Orders Inquiry By Madras HC Chief Justice
3 years ago

Accused Says High Court Posted Case For 'Fresh Hearing' Despite Earlier Acquittal : Supreme Court Orders Inquiry By Madras HC Chief Justice

Live Law  

The bench of Justices DY Chandrachud and AS Bopanna, hearing a writ petition, noted that by a judgment dated 15 November 2000, the IIIrd Special Judge/ XIIIth Additional Judge at Chennai convicted the husband of the petitioner for an offence under Section 13 read with Section 13 of the Prevention of Corruption Act 1988 and sentenced him to undergo rigorous …

Living Together Won't Confer Any Matrimonial Right: HC
3 years, 1 month ago

Living Together Won't Confer Any Matrimonial Right: HC

News 18  

Long cohabitation or living together will not confer upon the parties any legal right to raise a matrimonial dispute before a Family Court, unless their marriage has been solemnized in a manner known to law, the Madras High Court has ruled. Originally, Kalaiselvi had moved a Family Court in Coimbatore seeking restitution of conjugal rights under Section 32 of the …

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar
3 years, 3 months ago

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar

Live Law  

Two lawyers were found guilty of contempt of court by the Madras High Court on Friday for having pursued 'vexatious litigation' to remove a Registrar by filing a false affidavit accusing her of holding the post in the absence of the required qualifications. A Bench comprising Justices PN Prakash and RN Manjula observed, "On a careful examination of the materials …

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar
3 years, 3 months ago

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar

Live Law  

Two lawyers were found guilty of contempt of court by the Madras High Court on Friday for having pursued 'vexatious litigation' to remove a Registrar by filing a false affidavit accusing her of holding the post in the absence of the required qualifications. A Bench comprising Justices PN Prakash and RN Manjula observed, "On a careful examination of the materials …

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court
3 years, 8 months ago

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court

Live Law  

The Madras High Court recently observed that the concept of marriage in the present generation is taken very lightly and even for trivial issues, they file divorce, and marriage is broken. The Court also observed that the husband did not plead that the wife's inability to give birth to a child is 'Impotency', however, he did seek for annulment of …

Madras High Court Grants Bail To Man Accused Of Impregnating Minor Girl On Condition To Marry Her When She Turns 18
4 years, 1 month ago

Madras High Court Grants Bail To Man Accused Of Impregnating Minor Girl On Condition To Marry Her When She Turns 18

Live Law  

The Madurai Bench of Madras High Court last week granted bail to a man accused of impregnating a 17-year-old girl after he expressed his willingness to marry the victim girl whenever she attains majority. He has been granted bail on the condition that the petitioner shall register the marriage with the victim girl on or before 30.10.2021 and produce the …

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