Can children claim any amount under the head of permanent alimony under S. 25 of Hindu Marriage Act? Ker HC explains
Kerala High Court: Observing that trauma in a marital discord is common to both parties, the Division Bench of A. Muhamed Mustaque
Cruelty
Tri HC | Unable to approve this kind of matrimonial conduct or filing a suit for divorce on such coloured narrative; Court dismisses appeal in matter of divorce
Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ. dismissed an appeal which was filed under Section 28
Accusation of extra-marital relationship is a grave assault on character, status, reputation as well as health of spouse against whom such allegations are made: Would this come under ambit of cruelty? Del HC answers
Delhi High Court: While addressing a matter surrounding the issue of cruelty by wife, the Division Bench of Vipin Sanghi, ACJ and
9 Legal Stories of the Week | Unlicensed transport aggregators to Spanking back of a woman without her consent, read more such stories in this weekly roundup
Here are our interesting picks from the stories reported this week: To operate in State of Maharashtra, Uber and other unlicensed aggregators
Wife leaves matrimonial home and never returns after several requests and legal notice under S. 9 of HMA, alleges husband of several cruelties without any evidence: Would it amount to desertion and cruelty by wife? Del HC answers
Delhi High Court: Noting the separation of 12 years between the husband and wife, the Division Bench of Vipin Sanghi and Jasmeet
At odd hours, if wife continues making discreet phone calls with another man even after a warning by husband, would it constitute matrimonial cruelty? Ker HC decides
Kerala High Court: The Division Bench of A. Muhamed Mustaque and Dr Justice Kauser Edappagath, JJ., held that, despite a warning by
Can judicial separation be granted instead of divorce for which party has approached the Court? Read what Del HC says
Delhi High Court: Expressing that the Family Court’s decision was based on optimism and hope rather than the actual factual matrix of
Section 498A IPC| Husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand
“A criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused.”
If Court finds that marriage failed due to incompatibility, but one of the parties withholds consent for mutual separation, would that be ‘Cruelty’? Kerala HC elaborates
Kerala High Court: Expressing that, “If the conduct and character of one party causes misery and agony to the other spouse, the
8 Legal Stories of the Week: From High Courts to District Courts
“For a contract to be enforceable, the restraint of trade clause must be reasonable.” [Rajesh Kumar Gandhi v. Mukesh Dutt] Read the
Ker HC | Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? HC answers
Kerala High Court: In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking
Constant quarrels between husband and wife: Bom HC observes while granting bail to husband accused of dowry and cruelty
Bombay High Court: Sarang V. Kotwal, J., on noting that the husband and wife cannot live together and there were constant quarrels
J&K HC | Dowry Prohibition Act vis-a-vis J&K Dowry Restraint Act; HC blurs the line between the two
Jammu and Kashmir High Court: In a case alleging dowry death, Rajnesh Oswal, J., clarified the scope and applicability of Jammu and
Tri HC | Woman who is serving in a force can’t be expected to take care of the child alone, as is expected from housewife; Court dismisses petition for dissolution of marriage
Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., dismissed an appeal which was filed aggrieved by the
Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision
Delhi High Court: While addressing a matrimonial dispute, Division bench of Vipin Sanghi and Jasmeet Singh, JJ., held that, In cases where
High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
Cruelty by Wife | Wife made serious criminal allegations against husband and his parents but couldn’t prove: Would this amount to cruelty against husband to grant divorce? Del HC answers
Delhi High Court: While addressing a matrimonial matter wherein a wife caused cruelty to husband, Division Bench of Vipin Sanghi and Jasmeet
Del HC | Normal wear & tear not a reason to end marital relationship: Can allegations of demand of dowry and alcohol consumption made by wife amount to ‘cruelty’? Read to know full story
Delhi High Court: Expressing that, allegations made by the wife with regard to the husband demanding dowry and indulging in alcohol consumption,
Del HC | Materialistic attitude of husband considering wife as cash cow: Is it a ground to dissolve marriage? Read to know
Delhi High Court: The Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., noted in a matrimonial matter that the wife was
Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide
Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. refused to interfere in the judgment passed by the