divorce
Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court
Madras High Court held that the wife is entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs.
“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases
The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.
Delhi High Court permits mother to relocate to USA with the minor child on remarriage
Technology has advanced so much that regular interactions between two individuals living in different countries or even continents can easily be maintained through video calls and video conferencing. In fact, in the last three years, when the world was grappling with the Covid pandemic, interactions through video calls have become the new norm. Even when Courts today are functioning fully physically, lawyers are being permitted to join through video conferencing only because of the advancements in technology.
Karnataka HC | Memorandum of settlement arrived during divorce proceedings cannot be questioned on the ground of husband’s re-marriage, unless an element of fraud is involved
The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.
Bombay High Court | Denial by wife to go through DNA test in order to prove legitimacy of child not a sufficient ground to draw adverse inference against the wife
Bombay High Court: In a petition filed by the husband challenging on the ground of legitimacy of the child born from wedlock,
Karnataka HC | A third party’s privacy cannot be permitted to be violated on the specious plea of a husband seeking to prove his wife’s illicit relationship
A Family Court order allowed a husband to seek mobile tower record details of the petitioner’s mobile number, so that he can prove the existence of illicit relations between the petitioner and his wife. The Karnataka HC sternly quashed the same citing violation of petitioner’s Right to Privacy
Madras High Court dismisses contempt proceedings against presiding officer of family Court; Imposes Rs. 50,000 costs on the petitioner
Madras High Court held that the contempt petition is not maintainable and barred by limitation. Thus, dismissed contempt proceedings against the presiding officer of Family Court as he was not the presiding officer when the order was passed.
Telangana High Court | Objecting husband from taking care of his parents would amount to cruelty and consequently lead to divorce by the Family Court
Telangana High Court: In a case where the offences alleged against the petitioners under Section 498-A of the Penal Code,
Muslim wife can terminate marriage even without the will of the husband, by invoking ‘Khula’; Kerala High Court upholds
Kerala High Court: In a review petition arising from an appeal filed by the husband challenging a divorce decree granted to a
Bombay High Court | Mere use of the word harassment ‘mentally and physically’ not sufficient to attract ingredients of S. 498-A IPC
Bombay High Court: In an application filed under Section 482 of Criminal Procedure Code (CrPC) for quashing the FIR for
Labelling husband as alcoholic and womanizer without any basis amounts to ‘cruelty’ u/S 13(1) HMA, 1955; Bombay High Court grants divorce
Bombay High Court: In an appeal filed by wife challenging the judgment and decree dated 22-11-2005, passed by the Family
Husband gravely undermined the institution of marriage by fraudulently getting divorce; Uttaranchal High Court imposes fine of Rs. 1 Lakh
Uttaranchal High Court: While dismissing the instant appeal against the order dated 25-08-2022 passed by Family Court whereby the wife’s
Bombay High Court | Wife being well qualified desiring to work does not amount to cruelty; Inference of desertion not to be drawn merely on grounds of living separately
Bombay High Court: In an appeal filed by husband challenging the judgment and decree of restitution of conjugal rights and
Bombay High Court | Right to reside in shared household of husband is lost after grant of divorce; Cannot be claimed based on an earlier order
Bombay High Court: In a petition filed by Umakant Bondre/ applicant 1 (former father-in-law of respondent 1) challenging the order
“Every major person has a right to live their life with the person of their choice”; Punjab and Haryana High Court directs Police to protect the life and liberty of a ‘Live in Relationship’ couple
Punjab and Haryana High Court: While deciding the instant petition preferred by the petitioners to seek protection from the threats
Evidence not adduced; Maintenance application not decided: Bombay High Court remands divorce matter to Family Court
Bombay High Court: In a case filed by a wife (‘appellant') challenging the Family Court order that granted decree of
Madhya Pradesh High Court | Minor Differences of opinion between the Husband and Wife does not amount to Cruelty
“The minor differences cannot be termed as cruelty between husband and wife. There should be no expectation of overnight change in the husband and wife. Time should be given by both of them to each other to transpose as a wife and as a husband in married life.”
Karnataka High Court | Consent of father not a prerequisite for grant of passport of minor child in exclusive custody of mother; Visitation rights not affected
Karnataka High Court: In a case filed by the petitioner-mother (‘petitioner 2') seeking acceptance on her pending passport application for
Chhattisgarh High Court | Customary divorce reduced into writing followed by separation would be a valid divorce when custom is proved ancient
Chhattisgarh High Court: In a case related to an appeal filed against the decision of the family Court, whereby an