Can a husband suffering from diabetes avoid paying maintenance to wife? Karnataka High Court answers
The Court rejected husband's challenge to maintenance order stating that ailment of diabetes is manageable due to modern medical advancements.
Family Law
Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother
The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.
Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC
The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.
Know Thy Judge| Justice Surya Kant
Born on 10-02-1962 in Hisar, Justice Surya Kant, has the distinction to be appointed as the youngest Advocate General of Haryana. Before being elevated as a Supreme Court Judge, Justice Surya Kant served as a Judge in the Punjab and Haryana High Court and as Chief Justice of Himanchal Pradesh High Court.
Journey of Samrridhi Mishra from being a science student to securing AIR 1 in CLAT PG
Interviewed by Saman Rahman
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
“Family” includes domestic, unmarried/queer relationships; Child care/maternity leave benefits cannot be denied if women do not fit into “popular imagination” of a family: SC
“Gendered roles assigned to women and societal expectations mean that women are always pressed upon to take a disproportionate burden of childcare work.”
Mother, being the only natural guardian after biological father’s death, can decide child’s surname; can even give the child in adoption: SC
“When a child takes on to be a kosher member of the adoptive family it is only logical that he takes the surname of the adoptive family and it is thus befuddling to see judicial intervention in such a matter.”
‘Respect each other. Your children are watching you very closely’; Supreme Court advices parents in custody battle
Supreme Court: The bench of AM Khanwilkar and JB Pardiwala*, JJ, in a matter relating to custody of two minor children, has
Self-respect marriages can be performed only between two Hindus; Madras High Court upholds denial of marriage registration of an inter faith couple
Madras High Court: G R Swaminathan J. dismissed the petition of an inter-faith couple seeking registration of their self-respect marriage on the
Punjab & Haryana High Court| Muslim girl over 15 years of age competent to marry person of choice as per the Muslim law
Punjab and Haryana High Court: A writ petition was filed seeking the relief of protection of life and liberty at the hands
Orissa HC decides on maintainability of writ of habeas corpus vis-à-vis custody of minor child
Orissa High Court: A Division Bench of SK Sahoo and M S Raman, JJ. disposed of the petition leaving the petitioner with
Kerala HC | Whether husband going abroad for employment amount to desertion and cruelty? HC decides
Kerala High Court: The Division Bench comprising A. Muhamed Mustaque and Sophy Thomas, JJ., held that cruelty has to be assessed from
Long co-habiting couple’s child cannot be disentitled from family property in absence of proof against presumption of marriage: Supreme Court
“Law leans in favour of legitimacy and frowns upon the bastardy.”
Guj HC │ Custody of the minor with the maternal grand-parents does not amount to illegal confinement; Petition by father dismissed
Gujarat High Court: The Division Bench Vipul M. Pancholi and Rajendra M. Sareen, JJ., dismissed a petition filed by the father under
Husband suspects paternity of child; Supreme Court allows DNA test while granting conditional compensation of 30 lakhs to wife if suspicion proves to be wrong
Supreme Court: In a case where the husband had disputed paternity of child on suspicion, though the Division Bench comprising of Indira
Explained| Who can claim share in the inherited property of a female Hindu dying issueless and intestate?
Supreme Court: The bench of SA Nazeer and Krishna Murari*, JJ has held that if a female Hindu dies intestate without leaving
865 Judgments, 4 Sitting Women Judges and A Hope For First Woman CJI| An All-inclusive Supreme Court 2021 Roundup
Year 2021! The year that started with the hope of the COVID-19 Pandemic nearing an end with countries starting vaccination, ended up
Explained| Can Karta alienate Joint Hindu family property without coparcener’s signature?
Supreme Court: In a suit where the Karta of a Joint Hindu Family, consisting of himself, his wife and his son, had
Ker HC | Husband harasses wife, portrays her as a psychiatric patient; HC slams Child Right Commission for directing psychiatric treatment of wife without any medical assessment
Kerala High Court: The Division Bench of K.Vinod Chandran and C.Jayachandran, JJ., slammed the Kerala State Commission for Child Rights for directing