husband Archives

Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Delhi High Court: Suresh Kumar Kait, J., while addressing a criminal revision petition concerning a matrimonial dispute expressed that: “..husband cannot wriggle

Case Briefs High Courts

Bom HC | Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed

Bombay High Court: The Division Bench of Sadhana S. Jadhav and N.J. Jamadar, JJ., while addressing the present matter, expressed that: Where

Case Briefs High Courts

Del HC | Can an application under S. 24 HMA survive beyond dismissal of the main divorce proceeding? Read why HC dismissed the application for maintenance pendente lite

Delhi High Court: Prathiba M. Singh, J., dismissed an application filed under Section 24 of the Hindu Marriage Act on finding no

Case Briefs High Courts

Del HC | What is the scope of power of revision of HC under CrPC? Court discusses while denying interference in matrimonial matter

Delhi High Court: Subramonium Prasad, J., while addressing the present revision petition expressed that: “A court in revision considers the material only

Case Briefs High Courts

Del HC | Wife denied enhancement of maintenance due to being wealthier than husband || Reasoned Order of HC

Delhi High Court: Suresh Kumar Kait, J., dismissed a petition seeking enhancement of maintenance granted to a wife. The instant petition was

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC | Whether husband is entitled to seek information re wife’s bank details and IT Returns? Commission answers while discussing who is “third party”

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) held that: “Since filing of the Income Tax Returns by an individual with

Case Briefs High Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

Case Briefs High Courts

Bom HC | If the wife is earning something for livelihood, can the same be a ground to refuse alimony under S. 24 of Hindu Marriage Act? Read Court’s ruling reiterating SC’s decision

Bombay High Court: Mangesh S. Patil, J., in the present application directed the husband to pay an amount of Rs 10,000 towards alimony

Case Briefs High Courts

Guj HC | Will permanent alimony granted to a Muslim woman be conditional to her remarriage? Detailed report untangling significance of ‘Permanent Alimony’ & ‘Periodical Maintenance’

Gujarat High Court: The Division Bench of J.B. Pardiwala and Vireshkumar B. Mayani, JJ., while addressing the issue of grant of permanent alimony

Case Briefs High Courts

Del HC | Is it lawful for a wife to agree to a settlement deed in the process of dissolving of marriage wherein she settles that her minor children will not claim maintenance in future? Court explains

Delhi High Court: Anu Malhotra, J., addressed a matter wherein the husband and wife reach a settlement and the wife agrees to

Case Briefs High Courts

All HC | Right to choose partner irrespective of caste, creed, religion is integral part of right to life and personal liberty under Article 21

Allahabad High Court: The Division Bench of Pankaj Naqvi and Vivek Agarwal, JJ., observed that, Right to live with a person of his/her

Case Briefs High Courts

Ker HC | Is there a limitation period for wife to claim property entrusted to in-laws given in form of dowry? Court answers

Kerala High Court: A Full Bench of A.M. Shaffique, Sunil Thomas and Gopinath, JJ., held that there is no limitation period for wife/divorced wife

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIC decides whether disclosure of income tax returns and gross income of husband to his wife is permissible under RTI Act or not || Read the decision

Central Information Commission (CIC): Neeraj Kumar Gupta (Information Commissioner) decided whether disclosure of income tax returns of the husband to wife under RTI

Case Briefs High Courts

P&H HC | Wife taken away and forcibly detained against her will by her kin: Court orders reunion of separated couple at the earliest

Punjab and Haryana High Court: In a peculiar case of illegal detention of a woman who happens to be the petitioner’s wife,

Case Briefs High Courts

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the

Case Briefs High Courts

Bom HC | Can a widowed daughter-in-law claim maintenance from the estate inherited by her father-in-law? Law explained

Bombay High Court: Nitin W. Sambre, J., while addressing a petition with regard to grant of maintenance held that under Section 19 of

Case Briefs High Courts

Guj HC | No evidence displayed regarding actual income, husband liable to pay maintenance; Court dismisses application

Gujarat High Court: A.P. Thaker, J., dismissed an application that was filed on being aggrieved and dissatisfied with the order of maintenance

Case Briefs High Courts

All HC | Can a boy and girl living together of their own free will be harassed or threatened by anyone in their peaceful living? Court restates legal position

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., decided upon the prayer of protection being sought by a boy and girl living together

Case Briefs High Courts

Utt HC | Mental cruelty is no less than physical cruelty, wife causing mental cruelty to husband valid ground for dissolution of marriage; Court dismisses appeal

Uttaranchal High Court: A Division Bench of Ravi Malimath and Narayan Singh Dhanik, JJ., dismissed and appeal which was filed aggrieved by

Case Briefs High Courts

Bom HC | Can a wife be appointed as the guardian of husband who is in a state of comatose or vegetative state? Court elaborates

Bombay High Court: A Division Bench of Ujjal Bhuyan and Milind N. Jadhav, JJ., while addressing an issue with regard to the appointment