Indian family law Archives

Kerala HC ₹75 lakh security condition child abroad

Onerous conditions detrimental to child’s welfare: Kerala HC sets aside ₹75 lakh security condition on mother for taking minor abroad

Kerala High Court emphasised that the welfare of the child is paramount consideration. While courts may impose safeguards when permitting a child to be taken abroad, such conditions must be reasonable and capable of compliance. Onerous financial conditions that effectively deny the child better care and educational opportunities cannot be sustained.

Section 15 HMA second marriage after divorce

Case Briefs High Courts

Second marriage after divorce not void merely because appeal against divorce decree is pending; condonation of delay does not revive Section 15 HMA bar: Kerala High Court

“An incapacity for a second marriage for a certain period does not have the effect of treating the former marriage as subsisting. This settled position in law would suffice to reject the argument of the husband that the second marriage was void since it was bigamous in nature.”

Case Briefs High Courts

Couples may be divorced as husband and wife, but never as parents, their responsibilities continue for life: Kerala High Court

“The way out in our minds is that the parents must find peace with each other and be involved with the child’s progress together as partners.”