Parental Responsibilities after Divorce

The Supreme Court has observed that the parental responsibility of the couple does not end even if there is a breakdown of marriage. In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems, remarked the bRead More…

Marriage contracted during the pendency of an appeal, not void

The Supreme Court has observed that a marriage contracted during the pendency of an appeal from a divorce decree is not ab initio void especially when such an appeal is filed after expiry of the period of limitation. In this case, a maintenance petition filed by a wife was dismissed on the grounds that the marriage was a nullity because the marriage had taken place while an appeal filed by herRead More…

Section 362 of CrPC is not a bar in 125 Case

Case Name: Sanjeev Kapoor v. Chandana Kapoor & Ors Case Number: Criminal Appeal Nos. 286 of 2020 Application of Section 362 can be relaxed in proceedings under Section 125. The Supreme Court of India has held that a Magistrate who passes an order on settlement between parties under Section 125 of the Code of Criminal Procedure (CrPC) has the power to recall or set aside the Order iRead More…

Maintenance: Not to prove again and again

High Court of Bombay Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse and Ors. 08.02.2018 Criminal Once the dispute is adjudicated by Competent Courts, it is not necessary for Petitioner to prove same thing again and again in different proceeding The Petitioner-husband had filed Hindu Marriage Petition for dissolution of marriage. It was decided on 24th April, 2006 and the dRead More…

Now, income affidavit for matrimonial cases

In a judgment that will change the way a wife is compelled to gather information about her estranged husband’s assets and income before seeking maintenance, the Punjab and Haryana High Court today directed Family Courts across Punjab, Haryana and Chandigarh to insist on affidavit of assets, income and expenditure. False information to invite penal action  The HC made it clear thatRead More…

Divorce on Cruelty: Delhi High Court

DELHI HIGH COURT C DIVISION BENCH 1: Read Judgement Read Full JudgementDownload MS v/s SD D/d 23/04/2019 # MAT. APP (F.C.) 213 of
2017 Hindu Marriage
Rules, 1979, Rule 7 – Cruelty -Allegations of — Appellant has failed to provide
necessary particulars, i.e., specific incidents, dates or particulars of
cruelty, harshness or unusual temperament – Mere sweeping allegations are made
in thRead More…

Maintenance to Unmarried Major daughter

R. Kiruba Kanmani v/s L. Raj an D/d 17/06/2019 # Crl.O.P. No.15336 of 2019 Criminal Procedure Code, 1973, Section 125 Maintenance — Unmarried Major daughter—Entitlement of — Held, maintenance petition filed by the major daughter even if she does not fall in one of the exceptions mentioned in section 125(1)(c) Cr. P.C, 1973 would be still maintainable on a combined reading of both SectioRead More…

Daughter-in-law do not have a right in the house of father-in-law

PUNJAB & HARYANA HIGH COURT
Feroz v/s District Magistrate, Chandigarh
2017(2) Law Herald 1156
“Constitution of India/1950, Art 226 – Senior Citizens Act, 2007, Sec. 22 – Writ petition -Shared household – Entitlement to – Held, daughter-in-law cannot be said to have a right in the house of father-in-law/mother-in-law, who lodged a complaint against the parents of husband and caused harassment Read More…

Maintenance to Wife who deserted the Husband

SUPREME COURT OF INDIA
Manoj Kumar v/s Champa
2017 (2) R.C.R. (Civil) 747:2017 (3) Recent Apex Judgements 51
In the judgement, Rohtash v/s Ramendri, 2000 (3) SCC 180, Supreme Court held as under :-Decree of divorce passed on account of desertion by wife – Wife filing application for grant of maintenance under Section 125 Criminal Procedure Code during pendency of divorce proceedings – Wife is entRead More…

Complaints under Section 498A where can Be Filed

498A Complaints Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter  Rupali Devi vs. State of UP In this case, three Judge bench comprising CJI Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul considered the following question: “Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives ofRead More…