Family Law Roundup| A quick recap of the top family law cases from November 2024
Read about the significant family law matters heard and decided by the Supreme Court and High Courts in November 2024
Family Law
Allahabad HC grants divorce to couple living separately for over a decade; Cites continuous mental cruelty by wife
“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”
Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife
Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father
The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.
‘Can only claim partition of assets of HUF as on the date of institution of suit’; Delhi HC dismisses plea seeking amendment of plaint to include alienated shares worth Rs. 15,30,00,000
The Delhi High Court said that in a suit for partition and possession, a relief of declaration sought by way of amendment is impermissible as it would change nature of suit.
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.
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