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Family Law Judiciary

Whether Petition can be filed by a wife under Section 125 of CrPC when permanent alimony has already been granted under Section 25 of the Hindu Marriage Act

 23 June 2020

The Supreme Court observed that a petition filed by a wife under Section 125 of CrPC who was earlier granted permanent alimony under Section 25 of Hindu Marriage Act, cannot be entertained...

Posted in Family Law |   877 hits

Whether order of maintenance could sustain in the absence of any act of Domestic Violence

 23 June 2020

The High Court took note of the submissions made by the husband that he shall continue to pay Rs 5,000 per month for a limited period for the wife and minor son. Resultantly, the Court allowed the petition and quashed the impugned order...

Posted in Family Law |   722 hits

Whether wife living separately could file a case against parents-in law

 23 June 2020

The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...

Posted in Family Law |   319 hits

Whether husband entitled to pay maintenance even if wife is well educated

 22 June 2020

The Supreme Court held that the husband is entitled to pay maintenance even if the wife is well educated and enhanced the maintenance amount to Rs.25,000...

Posted in Family Law |   1401 hits

Whether estranged wife or live-in-partner can claim maintenance under the Domestic Violence Act

 22 June 2020

The court held that maintenance can be claimed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) even if the claimant is not a legally wedded wife and therefore not entitled to claim of maintenan..

Posted in Family Law |   278 hits

Whether the courts could dismiss the case filed under the Domestic Violence Act

 22 June 2020

It is the duty of the Court to scrutinise the facts from all angles whether a plea advanced by the respondent to nullify the grievance of the aggrieved person is really legally sound and correct.The principle “justice to the cause is equivalent to th..

Posted in Family Law |   181 hits

Whether women members of the Family can be removed from shared household u/Section 19(1)(b) of DV Act?

 20 June 2020

In this case it was held that in the guise of passing an order under Section 19(1)(b) of Domestic Violence Act, such women members of the family cannot be directed to be removed from the shared household..

Posted in Family Law |   391 hits

Whether wife living separately could file a case against parents-in law

 19 June 2020

The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...

Posted in Family Law |   346 hits

​Whether DV act proceedings can be initiated against grandsons to claim monetary and medical relief

 18 June 2020

The High Court held that the Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided that their father had not been alive and not capable of paying maintenanc..

Posted in Family Law |   242 hits

Whether wife living separately could file a case against parents-in law

 18 June 2020

The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...

Posted in Family Law |   311 hits

Inability of non-payment of maintenance to his wife

 15 June 2020

Judges must take into consideration the earning capacity and monthly salaries of husbands and wives both, before giving the judgment and must order maintenance fairly...

Posted in Family Law |   298 hits

Whether the husband could challenge the order of the court directing to maintain the wife under DV Act

 13 June 2020

The court keeping in mind the duty to the husband to maintain the wife has directed the husband to pay the wife under the DV Act as he has a responsibility to allow his wife to live life with dignity according to their social status and strata but ha..

Posted in Family Law |   265 hits

When there is no male member, can it be said that a Hindu undivided family is in existence?

 05 June 2020

The agreement did no more than to acknowledge the liability to pay monthly allowance at a fixed and enhanced rate to PannaKuar.The nature of the allowance received by her was not, therefore, altered and, in spite of the execution of the agreement, th..

Posted in Family Law |   323 hits

Whether the wife is under a legal obligation to resign from her job to live in the matrimonial home decided by the husband?

 04 June 2020

The Court while rejecting the contentions of the Respondent, held that the wife had a reasonable excuse for refusing to resign from her job and live with the Respondent in Delhi. It cannot be said that the Appellant withdrew from the society of the h..

Posted in Family Law |   833 hits

Maintenance to wife may be paid in installment, if the same has not yet been paid

 29 May 2020

Asserting cruelty and renunciation against the spouse, the appellant (wife), moved to the Family Court under Section 13 of the Hindu Marriage Act, petitioning court for disintegration of her marriage with the respondent by a pronouncement of separati..

Posted in Family Law |   330 hits

Issue of protection of people at care homes

 21 May 2020

The Supreme Court has taken proactive steps to issue guidelines for ensuring protection of people at such crowded shelters...

Posted in Family Law |   480 hits

Issue of Remote hearing in child care matters

 20 May 2020

The Supreme Court has issued guidelines for remote hearing of cases in Suo Motu Writ (Civil) No.5/2020 Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic. The guidelines aim at reducing the conventional practices..

Posted in Family Law |   365 hits

Whether it is the right of a woman to reside in her matrimonial house

 19 May 2020

The court held that the woman had a right to reside in her matrimonial home or shared household. It stated that the object of the Domestic Violence Act was enacted to secure the right of a woman to reside in her matrimonial home. The court also state..

Posted in Family Law |   580 hits

DV Act S. 2(f) - Case Law - Possibility of legal marriage is a necessary condition for a domestic relationship - Reshma Begum vs. State of Maharashtra and another

 07 May 2020

An analysis of SC judgments in Veluswamy case [AIR 2011 SC 479] and IndraSarma case [AIR 2014 SC 309] reveals that not all live-in relationships are to be deemed as a “relationship in the nature of marriage” u/s 2(f) of the DV Act. The wider interpre..

Posted in Family Law |   847 hits

Seeking Financial Assistance Can Also Constitute Demand For Dowry: SC

 04 January 2020

It must be stated forthright that the demand of money for any purpose from the wife can be termed as demand for dowry. The husband would be liable in such cases for demanding dowry even though it may not seem like dowry! This is what the Supreme Cour..

Posted in Family Law |   1386 hits








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