matrimonial dispute Archives

HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Atul Subhash Suicide Case; Late MM Lawrence; Thanjavur Schoolgirl Suicide; MK Nasar’s release; and more

A quick legal roundup to cover important stories from all High Courts this week.

MP High Court allows Medical Termination of Pregnancy due to Matrimonial Dispute & Domestic Violence allegation

“…it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”

Case Briefs High Courts

‘Breaking open lock without wife’s consent was a well-thought out & deliberate act in collusion with her husband’; Bombay HC refuses to quash FIR against landlord

“Where a person is in settled possession of property, even on the assumption that they had no right to remain on the property, they cannot be dispossessed by the owner of the property except by recourse to law.”- Supreme Court in Krishna Ram Mahale v. Shobha Venkat Rao, (1989) 4 SCC 131.

Case Briefs High Courts

‘Husband never attempted to establish that wife was incurably of unsound mind’; Allahabad HC dismisses husband’s divorce plea

While the husband and his witnesses made statements stating that the wife had been prescribed medicines for her mental ill health, however, they did not demonstrate the nature of her illness, or the extent of affliction suffered by her.

Case Briefs High Courts

Allahabad HC sets aside Passport Authority’s order impounding a man’s passport due to pending criminal case

Allahabad High Court: In a writ petition challenging the communication issued by the Regional Passport Officer, whereby he has been informed that

Case Briefs High Courts

Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC

“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”

Case Briefs High Courts

Courts must scrutinize 498 A complaints to discern between clever drafting and truth; Delhi High Court quashes complaint

Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.

Case Briefs High Courts

A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife

Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.

Case Briefs High Courts

‘Excommunication from entire community violates right to live with dignity under Article 21’; Calcutta High Court orders costs of Rs. 1,50,000/-

The Calcutta High Court recognised the issue involved in the present matter transcendence beyond a mere legal dispute, as it involved the petitioner’s fundamental rights.

Case Briefs High Courts

Know why Bombay High Court quashed charges against wife who allegedly assaulted husband with broom, bit his hand

Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”

Case Briefs High Courts

DNA tests cannot be resorted to for clearing suspicion regarding paternity: Kerala High Court

“In fact, DNA test is intended to rebut the `conclusive proof’ provided under Section 112 of the Evidence Act.”

Case Briefs High Courts

Delhi High Court deprecates children being used as an instrument in matrimonial disputes; Directs lawyer husband to do 10 pro bono cases

Delhi High Court mentioned that children born from the wedlock will be free to pursue their legal rights in accordance with the law. The parties have entered a settlement only regarding their rights and titles leaving open the the rights, titles, and interests of the children to pursue their legal remedies as per law.

Case Briefs High Courts

Misuse of Section 498-A, IPC by implicating husband’s relatives in matrimonial disputes; Jharkhand High Court quashes criminal complaint

The Jharkhand High Court reiterated the object of Section 498-A of IPC to punish cruelty by husband and his relatives.

Case Briefs High Courts

Does harassment of wife due to sarcastic remarks attracts penal provisions for abetment to suicide per se? J&K and Ladakh HC answers

The Court was considering a case where a wife had set herself ablaze after having telephonic conversation with her husband who refused to come back and live with her and asked her to go from where she had come.

Case Briefs High Courts

Delhi High Court issues guidelines for drafting a Settlement Agreement in matrimonial disputes of criminal nature; Directs agreements to be prepared in Hindi too

Delhi High Court observed that an inadequately drafted agreement will be one that fails to include essential elements such as the name of all the relevant parties, the terms outlining the conditions of settlement, and the consequences in the event of non-compliance or breach.