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family court

Case BriefsHigh Courts

Del HC | Can magazine covers be sufficient evidence to explain that wife who is a model can sustain herself? HC addresses while deciding a Maintenance matter

Delhi High Court: Subramonium Prasad, J., while addressing a revision petition in regard to maintenance of wife, held that Magazine covers are

Published on June 1, 2021June 4, 2021By Bhumika Indulia
Leave a comment4378 views
Case BriefsHigh Courts

Del HC | If a proceeding is pending before Family Court, would this warrant the application under S. 12 Domestic Violence Act to be transferred to Family Court? Read on

Delhi High Court: Mukta Gupta, J., while addressing a matrimonial matter, highlighted the scope of the Protection of Women from Domestic Violence

Published on April 8, 2021April 16, 2021By Bhumika Indulia
1 Comment5005 views
Case BriefsHigh Courts

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that to get a decree of divorce

Published on March 26, 2021By Bhumika Indulia
Leave a comment6179 views
Case BriefsHigh Courts

Bom HC | Can a daughter approach Family Court on behalf of her father to challenge validity of his marriage? OR only parties to marriage can challenge validity? Read in light of S. 7 of Family Courts Act

Bombay High Court: The Division Bench of R.D Dhanuka and V.G. Bisht, JJ., addressed a concern wherein a daughter filed a petition

Published on March 18, 2021April 10, 2021By Bhumika Indulia
Leave a comment5271 views
Case BriefsSupreme Court

Malicious allegations against spouse costing him his job and reputation not an attempt to preserve the relationship but a definite case of mental cruelty: Supreme Court

“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.”

Published on February 27, 2021March 5, 2021By Prachi Bhardwaj
Leave a comment5788 views
Case BriefsHigh Courts

Del HC | Permanent residents of Singapore, residing there since 2012, wife seeks an injunction for suit filed in Singapore by husband regarding matrimonial dispute. HC rejects appeal. Why? Read on

Delhi High Court: The Division Bench of Vipin Sanghi and Rekha Palli, JJ., upheld the Family Court’s decision and directed the parties

Published on February 19, 2021February 26, 2021By Bhumika Indulia
1 Comment4037 views
Case BriefsHigh Courts

Madras HC | Husband and Wife living separately for past 13 years. Can cooling-off period under S. 13-B of Hindu Marriage Act, 1955 be waived off, if sought mutually ? Read on

Madras High Court: J. Nisha Banu, J., while addressing a revision petition directed the Family Court to waive off the cooling-off period

Published on February 19, 2021February 26, 2021By Bhumika Indulia
1 Comment28858 views
Case BriefsHigh Courts

Madras HC | Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision

Madras High Court: T. Raja and G. Chandrasekharan, JJ., addressed a matter wherein wife approaches the wife appealed against the family court’s decision

Published on February 12, 2021By Bhumika Indulia
3 Comments24586 views
Case BriefsSupreme Court

SC allows video conferencing in matrimonial matter, though not as a matter of course

Supreme Court: The 3-Judge Bench of S.A. Bobde, CJ and L. Nageswara Rao and Vineet Saran, JJ., dismissed a review petition while

Published on January 23, 2021January 29, 2021By Bhumika Indulia
1 Comment7915 views
Case BriefsHigh 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,

Published on January 13, 2021April 2, 2021By Bhumika Indulia
Leave a comment8675 views
Case BriefsHigh Courts

[Flashback] Ker HC | If a husband imputes infidelity and immorality on the part of his wife, would that amount to cruelty? Read How HC discusses applicability of S. 27 of Special Marriage Act

To marry or not to marry and if so whom, may well be a private affair. But, the freedom to break a

Published on December 28, 2020December 31, 2020By Bhumika Indulia
Leave a comment3886 views
Case BriefsHigh Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Published on December 22, 2020December 25, 2020By Bhumika Indulia
Leave a comment3595 views
Case BriefsHigh Courts

Del HC | If interim maintenance by wife has already been secured under Domestic Violence Act, will application under S. 125 CrPC be maintainable? Court answers

Delhi High Court: Vibhu Bakhru, J., addressed a matter wherein the question was considered whether an application under Section 125 Criminal Procedure Code,

Published on December 4, 2020December 17, 2020By Bhumika Indulia
1 Comment12219 views
Case BriefsHigh Courts

Ker HC | While considering transfer petitions related to matrimonial disputes, the convenience of wife is to be preferred over the convenience of husband; Court reiterates

Kerala High Court: Shircy V. J., while allowing the present petition against the original petition filed in the family court, reiterated, “In

Published on December 2, 2020December 11, 2020By Editor_4
2 Comments3680 views
Case BriefsHigh Courts

Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years

Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that

Published on September 16, 2020September 18, 2020By Bhumika Indulia
Leave a comment5069 views
Case BriefsHigh 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

Published on September 7, 2020September 11, 2020By Editor_4
3 Comments5108 views
Case BriefsHigh 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

Published on August 29, 2020September 4, 2020By Editor_4
Leave a comment6377 views
Case BriefsHigh Courts

Ker HC | Convenience of lady is of paramount concern while considering transfer petitions in matrimonial disputes

Kerala High Court: Shircy V., J. allowed the transfer petition of the petitioner’s matrimonial dispute cases to the Family Court most convenient

Published on August 18, 2020August 21, 2020By Editor_4
Leave a comment2267 views
Case BriefsHigh Courts

[S. 14 of Family Courts Act] Del HC | In a contest between right to privacy and right to fair trial, both of which arise under expansive Art. 21, right to privacy may have to yield to right to fair trial

Delhi High Court: Anup Jairam Bhambhani, J., while addressing a matrimonial dispute, observed that, “the only criterion or test under Section 14 of

Published on July 1, 2020July 10, 2020By Bhumika Indulia
1 Comment7010 views
Case BriefsSupreme Court

Can Family Court convert petition for maintenance under Section 125 CrPC to one under Muslim Women’s Protection Act? Split verdict by SC

Supreme Court: The bench of R Banumathi and Indira Banerjee, JJ has given a split verdict on the issue whether a Family

Published on June 19, 2020June 26, 2020By Prachi Bhardwaj
Leave a comment6533 views

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