Family Court grants divorce by mutual consent under S. 13-B where parties refuse to cohabit and resolve disputes
Family Court, Ahmednagar: Netra A Kank, J., allowed a petition granting a decree of divorce by mutual consent to the petitioners. The
maintenance
“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates
Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the
Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition
Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative
What is the legal status in case of a Muslim man regarding payment of maintenance to ex-wife beyond iddat period if she remains un-remarried and unable to maintain herself? Kar HC analyses
Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the
Trial Court mentions wrong provision of Mahomedan Law while granting maintenance to wife: Judgment of trial court will be defective in eye of law? Bom HC answers
Bombay High Court: Shrikant D. Kulkarni, J., decides whether the trial court’s decision mentioning the wrong provision pertaining to maintenance to the
Does marrying another lady causes emotional abuse so as to come under Domestic Violence? Read Sessions Court decision
LXIII Addl. City Civil & Sessions Judge, Bengaluru: B. Venkatesha, LXIII Addl. City Civil & Sessions Judge, dismissed an appeal filed under Section
Divorce| Wife’s act of rejecting posh accommodations of up to Rs. 30 lakhs rent per month “unreasonable”; “Similar” doesn’t mean “totally identical”: SC
Supreme Court: In a divorce proceeding, where a wife had “rejected” all the options for rented accommodation “similar” to her Industrialist husband’s
Del HC | Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge
Delhi High Court: Yashwant Varma, J., delved into the subject of the role of a Family Judge while deciding petitions which come
High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
Contempt of Court | Husband stubbornly and obstinately refused to comply with the orders of the Court; No full disclosure of income: Read Del HC’s decision
Delhi High Court: While addressing an issue of non-compliance of Court’s order with regard to paying maintenance to wife, Division Bench of
Where can a petition under S. 125 CrPC be filed? Del HC discusses law on territorial jurisdiction
Delhi High Court: Subramonium Prasad, J., reiterated the law relating to the territorial jurisdiction of the court to entertain a petition under
Can wife claim maintenance under S. 125 CrPC where she as well as husband had spouses living at the time of alleged marriage? Del HC decides
Delhi High Court: Subramonium Prasad, J., reversed the order of the Family Court which had granted maintenance to the respondent under Section 125
Law on Domestic Violence | Whether a Magistrate is obliged to call for a ‘Domestic Incident Report’ before issuing notice to respondent? Read on
Saket Courts, New Delhi: Anuj Agrawal, Additional Sessions Judge, dismissed an appeal filed by the husband against the order of the trial court
Maintenance & Overlapping Jurisdiction | Maintenance can be claimed under DV Act even if already granted under S. 125 CrPC: Del HC reiterates
Delhi High Court: Amit Bansal, J., reversed the order of the trial court as it dismissed the application filed by the petitioner
Law on Maintenance | Father having to bear expenses of other dependents can ignore from sharing equal responsibility of son’s educational expenses? Bom HC elaborates
Bombay High Court: Expressing that mother and father are equally responsible to equally share the education expenses of the child, Division bench
Del HC | Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself
Delhi High Court: Expressing that husband must also carry the financial burden of making certain that his children are capable of attaining
HP HC | “Granting interim maintenance is similar to giving first aid”; Maintenance granted to wife under S. 125 CrPC; Solemnization of marriage under challenge is subject to proof
Himachal Pradesh High Court: Anoop Chitkara J. remarked “There is neither any illegality nor the maintenance beyond the petitioner’s means; as such,
Daughter turning major, will not be entitled to maintenance from father? Andhra Pradesh HC explains the law
Andhra Pradesh High Court: While explaining the law on whether father is obligated to provide maintenance to his daughter irrespective of the
“Daughters are daughters forever and sons are sons till they are married”: Bom HC orders son to vacate flat of 90 yrs old parents
Bombay High Court: Noting the misery of parents aged 90 years, G.S. Kulkarni, J., observed that, “Daughters are daughters forever and sons
Maintenance amount being paid to son scaled-down, but period of maintenance increased: Supreme Court
Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and MR Shah, JJ., modifies the maintenance amount being to a son.