Complaints by a spouse to public authorities do not per se constitute Cruelty

May
2
2017


Supreme Court in the matter of Raj Talreja Vs Kavita Talreja; Civil Appeal no. 10719/2013 held that mere filing of complaints against the spouse is not cruelty, if there are justifiable reasons to file the Complaint. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of Hindu Marriage Act 1955.




Waiting period in divorce by mutual consent waived after considering educational background of parties #indianlaws

May
16
2016


In this case, the Court after considering the educational background of the parties, and the entire facts and circumstances, held that the situation posed was peculiar where the Court should invoke its jurisdiction under Article 142 of the Constitution in order to ensure justice to the parties. With the above observation, the statutory period of six months was waived and the marriage between the parties was dissolved.




Rule of estoppel does not apply to proceedings under Section 13-B of Hindu Marriage Act #indianlaws

Apr
19
2016


When a decree of divorce is sought under Section 13 of the Act, in view of compromise between the petitioner and the respondent, estoppel cannot operate against the Respondent. Rule of estoppel is a rule of evidence. There can be no estoppel against statute. Section 13-B itself gives liberty for second thought to the parties. The consent must continue during the interregnum period and after this period the parties should again confirm their consent before the Court. Parties can withdraw their consent during this period. As such Rule of estoppel has no application in a petition under Section 13-B of the Act.




Child Marriage does not automatically become void #indianlaws

Mar
9
2016


Section 3 makes provision for avoidance of marriage by contracting party, who was a child at the time thereof, through filing a petition for annulling the marriage by such party. Section 3(3) has to be read that in the case of a male, a petition for annulment of child marriage should be filed before he completes two years of attaining twenty-one years of age. 




Filing of false criminal complaint by either spouse constitutes matrimonial cruelty entitling other spouse to claim divorce #indianlaws

Jan
11
2016


It was observed by the High Court that if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions was dismissed on merits and the husband and his family members are acquitted,it clearly amounts to cruelty committed by the wife upon the husband. Also, when wife treated the husband with cruelty and such allegations having been proved, she at the same time could not maintain her application for restitution of conjugal rights by filing an application under section 9 of the Hindu Marriage Act, 1955.




Husband has a pre-existing duty to take care of health and safety of the wife #indianlaws

Dec
9
2015


It is a duty of the husband to take care of the health and safety of the petitioner-wife. In the instant case also it was a primary duty of the husband only to provide facilities for the treatment of his wife. This is a pre-existing duty of the husband, provided the husband has sufficient means and he is diligently doing his part in taking care of her. In the present case, by the mediation settlement agreement the respondent-husband promised to do something which he was already duty bound, and the same was not a valid consideration for the settlement. The wife was suffering from such a disease which compelled her to agree for the mutual consent divorce and therefore her consent is vitiated for the same.




Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court

Sep
24
2015


Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act




An unwed mother of the child can claim herself to be guardian of the child without notifying father #indianlaws

Jul
23
2015


Whether an unwed mother can claim herself to be the guardian of the child without notifying father, was the subject matter for consideration before the Apex Court. The court while recognizing that the father’s right to be involved in his child’s life may be taken away if Section 11 of the Guardians and Wards Act, 1890 (the Act) is read in such a manner that he is not given notice, but given his lack of involvement in the child’s life, held that there is no reason to prioritize his rights over those of the mother or her child. 




Guidelines for Delhi Family Courts to maintain privacy of parties to proceedings #Indianlaws

Jul
9
2015


Delhi High Court has given directions to the Family Courts to be cautious while dealing with privacy of parties to proceedings. It ruled that leave is to be sought from the Family Court before disclosing details of a personal nature concerning a party or a person or their conduct, which is likely to affect the right to privacy, or cause embarrassment.




Cruelty has to be seen in relation to the conduct of parties to a marriage #indianlaws

Jun
21
2015


Supreme Court in the case namely Shobha Rani vs. Madhukar Reddi, decided on 12.11.1987 (MANU / SC / 0419 / 1987 = [1988] 1 SCR 1010) dealt with the extent of “cruelty” as provided in the Section 13(1)(ia) of the Hindu Marriage Act (Act). In the instant matter a decree of divorce was sought by the wife from her husband on the ground of cruelty caused as a result of dowry demands.




Supreme Court comes down heavily against abuse of Section 498A of Indian Penal Code

Apr
22
2015


A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits.




Right of wife to claim maintenance under Section 125 Cr P C cannot be compromised

Apr
10
2015


It can never be forgotten that the inherent and fundamental principle behind Section 125 CrPC is for amelioration of the financial state of affairs as well as mental agony and anguish that woman suffers when she is compelled to leave her matrimonial home




Capacity of wife to earn is a relevant factor for determining alimony in matrimonial proceedings #indianlaws

Mar
18
2015


Wife's capacity to earn after separation is also a relevant factor to be kept in mind in determinig alimony. Similarly the responsibility which the wife would have bourne had the relationship continued is also a relevant aspect to be kept in mind. 




Anti-Suit in Injunction in matrimonial matters

Mar
5
2015


The principles governing the grant of anti-suit injunction being essentially an equitable relief, the Courts in India has the powers to issue anti-suit injunction to a party over whom it has personal jurisdiction in an appropriate case because the Courts of equity exercise jurisdiction in personam. 




Husbands will find it tough while determining maintenance in matrimonial proceedings

Feb
1
2015


he parties should be directed to file a detailed affidavit of their assets, income and expenditure and the supporting documents in order to determine their true income. The assets, liabilities, income and expenditure of the parties are necessary to be determined not only to fix the maintenance under Section 24 but also to determine the permanent alimony under Section 25 of the Hindu Marriage Act and right to the joint properties under Section 27 of the Hindu Marriage Act. 




Marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms does not amount to solemnisation

Dec
11
2014


 Marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms, will not amount to solemnisation and only women who are victims of such marriage can question the same in matrimonial proceedings before the appropriate Court as a question of fact;




Difference between Visitation and Custody of minor child between warring parents

Nov
11
2014


A visitation order means an order establishing the visiting times for a non-custodial parent with his or her children. Although the non-custodial parent is responsible for the care of the child during visits, visitation differs from custody because non-custodial parent and child do not live together as a family unit. 




Interpreting and understanding the term Cruelty as ground of divorce #indianlaws

Oct
11
2014


No court should even attempt to give a comprehensive definition of mental cruelty. Human mind is extremely complex and human behaviour is equally complicated. Similarly human ingenuity has no bound; therefore, to assimilate the entire human behaviour in one definition is almost impossible. What is cruelty in one case may not amount to cruelty in other case




Husband is obliged to see that his wife does not become a destitute, a beggar #indianlaws

Jul
31
2014


if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route from payment of maintenance, unless there is an order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds




A major child can claim maintenance from his father in exceptional circumstances #indianlaws

Jul
22
2014


A major son of the well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority




Arrest in dowry cases should not be an automatic outcome of complaint #indianlaws

Jul
10
2014


Supreme Court in a recent judgement made arrest difficult in the matrimonial disputes to avoid abuse of penal provisions under Section 498A IPC and Dowry Prohibition Act




Six months waiting period for second motion in divorce by mutual consent: no hardship to parties #indianlaws

Jun
30
2014


Whether statutory waiting period of six months referred to in Section 13-B(2) of the HMA can be waived/ condoned by the Court?
 




The act of the wife in asking money is not an act of cruelty #indianlaws

May
30
2014


Merely because there are allegation and counter allegation, a decree of divorce cannot follow.




Husband cannot avoid to pay maintence to his wife by voluntarily incapacity #indianlaws

May
30
2014


When the husband has voluntarily incapacitated himself from earning, he cannot avoid his liability to maintain his wife and child




All live-in relationship are not in the nature of Marriage #indianlaws

Apr
3
2014


In the judgment as passed by the Supreme Court in Indra Sarma vs. V.K.V. Sarma [Dated 26.11.2013, Criminal Appeal No.




Can a Hindu Husband marry for the second time by embracing Islam? #indianlaws #marriagelaws

Mar
10
2014


The second marriage of a Hindu husband after his conversion to Islam is a void marriage in terms of Section 494 IPC.




Concept of Matrimonial Home under Domestic Violence Act 2005 and Hindu Marriage Act, 1955

Feb
21
2014


Scope and meaning of the expression Shared Household vis-à-vis question as to whether in the property (ies) wherever the husband and wife lived together last becomes falls under the definition of shared household .








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