Family Law Judgements

Displaying 1 - 10 of 131 in 14 pages

Child born out of void/voidable marriage is innocent and is entitled to all rights which are given to other children born in valid marriage

 02 July 2020

The Supreme Court while observing that Section 16 of the Hindu Marriage Act, 1955 (herein referred to as the “Act”) declares that children of a void or voidable marriage as legitimate but expressly provides that they are entitled to claim only the pr

Posted in Family Law |    0 comments |   42 hits


Where both parents of a minor child are employed, they are obliged to pay maintenance in proportion of their salaries

 02 July 2020

The Court, while partly allowing the appeal of the Appellant, observed that according to theSection 20 of the Hindu Adoption and Maintenance Act,1956 read in conjunction with Hindu Laws relating to family, the mother has as much obligation to maintai

Posted in Family Law |    0 comments |   25 hits


The party alleging impotency has to prove it for all material time- from the time of marriage till institution of proceedings

 26 June 2020

The Division bench of the High Court observed that a party will be in law deemed to be impotent, if he/she is incapable of consummation due to partial or imperfect intercourse. The party alleging impotency has the burden to prove that the husband was

Posted in Family Law |    0 comments |   49 hits


Whether a mentally retarded person has sufficient mental capacity to decide if she can carry forward her pregnancy

 26 June 2020

Upon hearing the parties to the case, the Court held that, the victim’s pregnancy may not be terminated without her consent as it may not be in her best interest. However, considering her mental health which may be affected due to the biological cha

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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 |    0 comments |   125 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 |    0 comments |   42 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 |    0 comments |   48 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 |    0 comments |   54 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 |    0 comments |   46 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 |    0 comments |   7 hits










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