Marriage annulment on mental illness: Is pleading enough without proof? Jharkhand High Court answers
The Court emphasised on a settled law that pleading is not a substitute for proof and facts pleaded, if not proved, are of no consequence.
family court
‘Pious wife’ and ‘Bahu’ remarks unwarranted and regressive, cannot replace child-welfare assessment: Bombay HC sets aside family court’s interim custody order
The Court held that the Family Court had not appreciated the jurisdictional parameters of Section 12, Guardians and Wards Act and had failed to independently assess the physical, emotional, educational or psychological welfare of the child while directing change of interim custody.
A mother’s daily care for her children counts too: Supreme Court on why her income, by itself, cannot halve father’s liability to maintain
The Court held that considering the parties’ status, the father’s admitted income and the needs of the 2 school-going daughters, maintenance of ₹60,000 per month was just and reasonable.
Marriage Dead for All Practical Purposes Must Be Nullified; Parties Cannot Be Compelled to Remain Married by Court Orders: SC Grants Divorce on Irretrievable Breakdown After 20 Years
The Court held that the marriage was dead for all practical purposes, warranting to be nullified under Article 142 to grant a decree of divorce.
“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.
Supreme Court stays Kerala HC order directing a woman in same-sex relationship to undergo counselling
The 3-judges Bench of Supreme Court has stayed the impugned order of the Kerala High Court whereby the High Court had asked DLSA to record statements of the detenu and make her undergo counselling. Allegedly, the woman has been kept in illegal detention by her parents.
Bombay High Court | Interim maintenance cannot be denied based on qualifications of wife
Bombay High Court held that maintenance cannot be denied because of possession of higher qualification by wife considering the wife is unemployed.
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.
Family Courts are reluctant to release maintenance amount and unwantedly insist for release orders; Kerala High Court directs Family Courts to release the arrears of maintenance
Kerala High Court: In a case filed seeking the release of maintenance amount as in the instant set of facts
Madras High Court |Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act
Madras High Court: The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction
Maintenance of wife and children| Income Tax returns not accurate to determine real income; Family Court must determine husband’s real income: SC
Supreme Court: While deciding a case filed under Section 125 of Code of Criminal Procedure (CrPC), in which the appeal
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,
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
‘Able-bodied man obliged to earn by legitimate means and maintain wife, children’: Supreme Court, unhappy with Family Court’s verdict, directs husband to pay maintenance to his wife
Supreme Court: In an appeal directed against the judgment passed by the Punjab and Haryana High Court, confirming the Family Court’s order
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
Why wait at Court’s corridor for prioritized hearing, when you can invoke the right to extra-judicial divorce? Kerala High Court tells a Muslim woman seeking divorce
Kerala High Court: In a divorce case where the Family Court had refused to hear the case on priority for early disposal,
Consumer culture of ‘use and throw’ has influenced our matrimonial relationships also; Kerala HC expresses concern over alarming rise of divorce cases
Kerala High Court: While adjudicating a divorce case, the Division Bench of A. Muhamed Mustaque and Sophy Thomas*, JJ., raised
Family Courts cannot restrain a Muslim man from pronouncing talaq or entering into second marriage as per personal law: Kerala High Court
Kerala High Court: In a case relating to talaq as per Muslim personal law and bigamy, A. Muhamed Mustaque, J.