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"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC

In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, it is not mandatory for a widowed daughter-in-law to reside in her matrimonial home to claim maintenance from her father-in-law. “Merely because the lady may have made that choice may neither lead us to the conclusion that she had separated from her …

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home

NEW DELHI: A woman repeatedly leaving her matrimonial home for no fault attributable to the husband amounts to cruelty, a ground for divorce, the Delhi high court said in a recent verdict granting divorce to the couple. In its 23-page verdict, a bench of justices Suresh Kumar Kait and Neena Bansal Krishna allowed the husband’s petition against the family court’s …

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DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC

The Delhi High Court has observed that the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household" under Domestic Violence Act. Justice Prateek Jalan observed thus: "Just as the woman living fleetingly or casually at different places, would …

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC

In a significant order, the Chhattisgarh High Court has observed that if a wife leaves her matrimonial home due to the fact that her husband keeps another lady, and inflicts physical and mental torture upon her, then it cannot be presumed as desertion on the part of the wife.With this observation, the Bench of Justice Goutam Bhaduri and Justice Rajani …

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …