Family Courts Act
IAMC Hyderabad Mediation Training Programme for Telangana Advocates
On September 14, 2024, the International Arbitration and Mediation Centre (IAMC), Hyderabad, commenced a mediation training programme, specifically tailored for the members of the Telangana High Court Advocates’ Association (THCAA).
Complete denial of company to spouse, without any justifiable reason, amounts to cruelty; Constitutes death of spirit and soul of Hindu marriage: Allahabad HC
“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”
Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA
“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”
[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court
The right of privacy claimed by the husband vis-à-vis the prayer of the wife to seek assistance of the Court for production of records to substantiate her charge of adultery levelled against the husband in her petition seeking divorce was the question before the Delhi High Court.
Muslim woman can dissolve marriage by ‘Khula’ recognised under Shariat; Madras High Court quashes Khula certificate issued by Shariat Council
Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.
Keeping in mind biological changes undergone by girl child; Chhattisgarh High Court grants custody to mother
Chhattisgarh High Court | In an appeal related to the custody of a girl child, a Division Bench comprising of
HNLU to organize Eastern Region Law Review Consultation on ‘The Family Courts Act, 1984
Hidayatullah National Law University, Nava Raipur in collaboration with the National Commission for Women, is organizing an ‘Eastern Region Law
Bom HC | Minor’s property fraudulently transferred. Can application for such declaration and order for recovery lie in Guardianship Petition? HC elucidates
Bombay High Court: S.C. Gupte, J., dismissed a guardianship petition on the ground of jurisdiction. A Guardianship petition was filed under Sections
Bom HC | Father-in-law denies maintenance to widowed daughter-in-law and her children. Will he be obligated to maintain them if late son had a share in ancestral property? HC Decodes
Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Suryawanshi, JJ., reiterated that father-in-law has a moral responsibility to maintain
Guj HC | Will permanent alimony granted to a Muslim woman be conditional to her remarriage? Detailed report untangling significance of ‘Permanent Alimony’ & ‘Periodical Maintenance’
Gujarat High Court: The Division Bench of J.B. Pardiwala and Vireshkumar B. Mayani, JJ., while addressing the issue of grant of permanent alimony
Raj HC | Period of limitation for preferring an appeal against a decision of Family Court is 90 days; S. 28 of HMA, 1955, to override the Family Courts Act
Rajasthan High Court: A Division Bench of Mohammad Rafiq and Narendra Singh Dhaddha, JJ. while harmonizing the provisions contained under Section 19
Pak SC | Family Courts Act: Curtailment on right to appeal does not exclude wife’s right of appeal if she is dissatisfied with quantum of dower awarded
Supreme Court of Pakistan: The Three-Judge Bench of Mian Saqib Nisar, CJ and SH. Azmat Saeed and Ijaz-Ul-Ahsan, JJ. dismissed the appeal
In a 2:1 verdict, SC rejects the idea of Video Conferencing in Marital Disputes; Says it is possible only when settlement fails
Supreme Court: In the matter revolving around allowing video conferencing in matters relating to marital disputes, the 3-judge bench of Dipak Misra,
For an appeal filed under Section 19(1) of Family Courts Act, 1984, period of limitation prescribed under Section 28(4) of Hindu Marriage Act, 1955 shall apply
Bombay High Court: While deciding upon the issue framed by the Division Bench of this Court that whether an appeal under Section
An ex parte divorce decree is not an interlocutory order, hence appealable under S. 19 of Family Courts Act
Orissa High Court: While deciding upon the challenge to the maintainability of the present matrimonial appeal as per Section 19 of the