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 Justice Jasmeet Singh set aside an order passed by a. 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 Justice Jasmeet Singh set aside an order passed by a Family Court which had dismissed the divorce petition filed by the appellant husband under sec. Expressing dismay at the "poorly manner" in which the Family Court had conducted itself, the Bench said: "The endeavour of the Court cannot be simply to dispose of matters, one way or another at the cost of sacrificing the cause of justice.

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History of this topic

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
2 weeks, 1 day 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 …

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters
2 weeks, 2 days ago

'Highly Undesirable Practice, Wastes Judicial Time': Delhi High Court Laments Frequent Non-Appearance Of Govt Counsel In Customs Matters

Live Law  

The Delhi High Court recently expressed its displeasure at the frequent non-appearance of government counsel in customs related matters. A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “It is noticed that in a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. Though the Petitioner appeared to have …

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications
1 month ago

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications

Live Law  

While dealing with a bail matter, Justice Surya Kant of the Supreme Court today expressed strong disapproval of Delhi High Court orders disposing of anticipatory bail pleas running into 30-40 pages. High Court writing 30-40 pages while disposing of anticipatory bail is hinting the trial court that here is reason for you to convict. Vide the impugned 34-page order of …

Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court
1 month, 2 weeks ago

Trial Court Should Avoid Giving Observations On Merits Of Case At Stage Of Interim Application: Jammu & Kashmir And Ladakh High Court

Live Law  

While setting aside an order passed by the trial court, the High Court of Jammu & Kashmir observed that by making observations on the merits of the suit, the trial court had virtually dismissed the suit under the guise of dismissing the application for interim relief, leaving nothing in the suit for determination. The trial court dismissed the interim relief …

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 …

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 …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
2 months, 3 weeks ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act
3 months ago

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee has held that the Single Judge has, without interfering with the factual findings arrived at by the learned Arbitrator, correctly applied the settled legal position to the MFS, by holding that the same being a record of prior oral partition of the properties between all the sons …

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

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

Live Law  

While considering a wife's plea against a family court's verdict which refused to grant her divorce, the Gujarat High Court underscored that in adjudicating family dispute cases including Child Custody and Maintenance, family courts must deal with them with sensitivity with the welfare of those affected being the focus. The high court was considering the wife's appeal against the decision …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court
4 months, 1 week ago

Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasized the role of family courts under the Family Courts Act, 1984, asserting that these courts must strive to mediate and help the parties reach a fair settlement. However, upon transfer to the Principal Sessions Judge, Family Court, Srinagar, under the Family Courts Act, the case took a different view and …

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
4 months, 1 week ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

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 …

Litigants Keeping Disputes Alive For Malafide Reasons Has Tendency Of Keeping Courts' Docket Heavy: Delhi High Court
8 months, 2 weeks ago

Litigants Keeping Disputes Alive For Malafide Reasons Has Tendency Of Keeping Courts' Docket Heavy: Delhi High Court

Live Law  

The Delhi High Court has recently said that the conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years.Justice Amit Mahajan made the observation while quashing two complaints filed in 2016 under the …

[Lok Sabha Elections] Calcutta High Court Dismisses BJP's Appeal Against Order Restraining It From Running Allegedly Derogatory Ads Against TMC
10 months ago

[Lok Sabha Elections] Calcutta High Court Dismisses BJP's Appeal Against Order Restraining It From Running Allegedly Derogatory Ads Against TMC

Live Law  

The Calcutta High Court has dismissed an appeal by Bharatiya Janata Party against an order by a single judge which restrained it from printing certain allegedly derogatory The Calcutta High Court has dismissed an appeal by Bharatiya Janata Party against an order by a single judge which restrained it from printing certain allegedly derogatory A division bench of Chief Justice …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

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, …

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 …

‘Only 7 Family Court Judges In Mumbai’: High Court Imposes Cost On Mother Seeking "Unreasonably" Quick Disposal Of Execution Plea For Access To Minor
1 year, 4 months ago

‘Only 7 Family Court Judges In Mumbai’: High Court Imposes Cost On Mother Seeking "Unreasonably" Quick Disposal Of Execution Plea For Access To Minor

Live Law  

Observing that lawyers at the bar were required to be sensitive to the heavy load of matters heard by Family Court Judges daily, the Bombay High Court dismissed a woman’s plea seeking directions to the Family Court to decide her execution petition filed in 2022 within a month. “The bar is required to be sensitive to the fact that, it …

MP High Court Junks Woman’s Plea To Call Medical Expert In Maintenance Proceedings To Verify ‘Trans’ Husband’s Physical Status
1 year, 5 months ago

MP High Court Junks Woman’s Plea To Call Medical Expert In Maintenance Proceedings To Verify ‘Trans’ Husband’s Physical Status

Live Law  

The Madhya Pradesh High Court last week upheld an order of a Family Court rejecting a plea filed by a ‘wife’ for calling a medical expert in the maintenance proceedings u/s 125 CrPC to verify the physical status of her ‘husband’, who is claiming himself to be a transgender man. Agreeing with the family court’s order, the bench of Justice …

Breaking | Delhi High Court Allows AAP MP Raghav Chadha’s Appeal Against Order Paving Way For His Eviction From Govt Bungalow
1 year, 5 months ago

Breaking | Delhi High Court Allows AAP MP Raghav Chadha’s Appeal Against Order Paving Way For His Eviction From Govt Bungalow

Live Law  

The Delhi High Court on Tuesday allowed the appeal moved by Aam Aadmi Party MP Raghav Chadha challenging the trial court order which granted nod and paved way for the Rajya Sabha Secretariat to evict him from a government bungalow.Justice Anup Jairam Bhambhani had reserved the order last week after hearing Senior Advocate Abhishek Manu Singhvi appearing for Chadha and …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 7 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

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 …

Supreme Court Stays Delhi HC Order Sentencing Business Tycoon’s Son To 3 Months Prison For Not Paying Maintenance To Ex-Partner
1 year, 7 months ago

Supreme Court Stays Delhi HC Order Sentencing Business Tycoon’s Son To 3 Months Prison For Not Paying Maintenance To Ex-Partner

Live Law  

The Supreme Court recently stayed the order of the Delhi High Court which sentenced the son of a business tycoon to three months simple imprisonment for failing to pay maintenance to his former partner.The Court also stayed the High Court direction to issue a Look Out Circular against the appellant. The Supreme Court recently stayed the order of the Delhi …

Gujarat HC grants interim stay on 2002 assault case against Delhi LG Saxena
1 year, 9 months ago

Gujarat HC grants interim stay on 2002 assault case against Delhi LG Saxena

Hindustan Times  

The Gujarat high court on Tuesday provided temporary respite for Delhi lieutenant governor VK Saxena by issuing an interim stay on any further proceedings related to the case concerning the alleged assault on social activist Medha Patkar in 2002. Justice MK Thakker decided to suspend the ongoing trial against Saxena until his plea challenging the metropolitan court’s order, which denied …

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court
1 year, 10 months ago

Family Courts Expected To Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurried Manner: Delhi High Court

Live Law  

The Delhi High Court has observed that the family courts are expected to not adopt a “hyper-technical approach” and close the right of cross examination of a party in a hurried manner while dealing with matrimonial cases.Justice Rekha Palli made the observation while setting aside an order passed by the family court rejecting a wife’s application for restoration of her …

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 …

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC
1 year, 11 months ago

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC

Live Law  

The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. The Kerala High Court on Monday held that when …

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

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 …

Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband
2 years, 8 months ago

Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband

Live Law  

"To deny maintenance to an estranged wife and child is the worst offence, even from a humanitarian perspective," the Delhi High Court has observed on Monday.Justice Asha Menon made the observation while dismissing with a cost of Rs. 20,000 a petition filed by a husband challenging Trial Court order directing him to pay a sum of Rs.20,000 as a consolidated …

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 …

Conduct Of Judges Noted & Observed, Must Not Act In Any Manner Which Gives Rise To Slightest Of Doubt In Minds Of Lawyers & Litigants: Delhi HC
2 years, 9 months ago

Conduct Of Judges Noted & Observed, Must Not Act In Any Manner Which Gives Rise To Slightest Of Doubt In Minds Of Lawyers & Litigants: Delhi HC

Live Law  

The Delhi High Court has said that judges must not act in any manner which gives rise to slightest of doubt in the minds of lawyers and litigants as their conduct is noted and observed by the litigants. Justice Dinesh Kumar Sharma made the said observation while expressing displeasure over the conduct of a Family judge who had shared his …

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
2 years, 10 months ago

Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court

Live Law  

The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. 19 of the Family Court Act, 1984 against the order dated 3rd May, 2019 deferring their claim for interim maintenance in a petition under sec. The Family Court in the impugned order, observed that the appellant …

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 …

Rejection Of Compromise May Lead To Ill-Will, Pendency Of Trial Affects Career & Happiness: Punjab & Haryana High Court
2 years, 11 months ago

Rejection Of Compromise May Lead To Ill-Will, Pendency Of Trial Affects Career & Happiness: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently quashed a FIR registered against the Petitioner-accused for allegedly causing hurt by dangerous weapons to the complainant-victim, which is a non-compoundable offence punishable under section 324 IPC, on the basis of a compromise between the parties.The bench of Justice Anoop Chitkara observed that rejection of compromise may lead to ill will. The Punjab …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
2 years, 11 months ago

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

Live Law  

The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

"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. …

Delhi High Court Expunges Adverse Remarks Against Actress Juhi Chawla In Case Against 5G Rollout, Reduces Cost To Rs. 2 Lakhs
3 years, 1 month ago

Delhi High Court Expunges Adverse Remarks Against Actress Juhi Chawla In Case Against 5G Rollout, Reduces Cost To Rs. 2 Lakhs

Live Law  

The Delhi High Court on Thursday expunged the remarks made by the Single Judge against Bollywood and environmentalist Juhi Chawla while dismissing her civil suit against 5G Roll. 'Defective, Vexatious' : Delhi High Court Dismisses Juhi Chawla's Civil Suit Against 5G Roll Out With Rs 20 Lakhs Cost During the course of hearing today, the actress who appeared before the …

Family Court's Finding Regarding Previous Marriage Can Be Relied On To Quash Complaint About Bigamy Under Section 494/495 IPC : Supreme Court
3 years, 1 month ago

Family Court's Finding Regarding Previous Marriage Can Be Relied On To Quash Complaint About Bigamy Under Section 494/495 IPC : Supreme Court

Live Law  

The Supreme Court recently observed that a High Court's decision to allow the criminal proceeding to proceed for offences under Sections 494 and 495 of the Indian Penal Code - which deal with bigamy - despite the Family Court's finding that the wife did not have a subsisting prior marriage, would constitute an abuse of the process.The Cout observed reference …

'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 …

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 …

Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court
3 years, 6 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 …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 7 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

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