Bringing you the Best Analytical Legal News
There is no dispute to the legal position that the spouse is liable to maintain the other spouse and children, however, equity shall be maintained only if one is directed to pay interim maintenance to his/her capacity.
“Family Courts must restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Hindu Marriage Act, 1955 (‘Act’). Irretrievable breakdown of marriage is not a ground in the Act.”
“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”
“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”
“The parties seeking divorce by mutual consent shall not be compelled to furnish or withdraw their consent for a decree of dissolution of marriage since the key and chief component for such a decree is free and unblemished consent.”
“The concept of maintenance grant was to ensure that the wife and the children of the husband were not left in a state of destitution after the divorce .”
“False allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive.”
In the present case, though the wife had made allegation of extra-marital affair against her husband in her written statement, nonetheless, when the husband entered-into the witness box and tendered his affidavit in evidence, he did not whisper even a word in this regard.
In this case, the husband had petitioned for dissolution of his marriage on grounds of cruelty, but the Family Court dismissed his petition. However, the High Court upon close scrutiny of evidence on record, set aside the Family Court’s decision.
In the peculiar facts of the present case, taking recourse to law, cannot be, by any stretch of imagination, labeled as an instance of cruelty.
The courts should make all efforts to try and dispose of matrimonial matters within 1 year so that in the event of granting such a decree, the parties may re-structure their lives.
“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”
When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights
The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.
Kerala High Court noted that the Family Court had no jurisdiction to entertain such a claim for divorce in the first place because the enactment was made for resolving disputes related to family affairs and marriage recognized by law.
Rajasthan High Court observed that the DNA Paternity Test requires to be conducted only in exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on ground of adultery, on the strength of outcome of a DNA Paternity Test.
It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.
May 2023 was quite an eventful month, as the Supreme Court of India, in only 14 working days, delivered more than 100 judgments, including 4 important Constitution Bench matters and also concluded the hearing in the momentous Marriage Equality matter. While 2 judges retired and 2 joined the Bench, 3 judges due to officially retire during summer vacation, also sat in bench for the last time.
The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.
Allahabad High Court said that the Court below has adopted a hyper technical approach and passed the dismissal of the husband’s divorce petition