Ill-Treatment In Matrimonial Home Justifies Separate Residence Of Wife, Even If Husband Not Personally Guilty: Bombay HC Grants Maintenance

Torture or ill-treatment of the wife in her husband's house, or even when a wife cannot reasonably hope that she can live with dignity at her husband's house are some sufficient grounds for a wife to refuse to live with her husband and seek maintenance under section 125 of the Criminal Procedure Code (CrPC), the Bombay High Court held recently.Sitting at the Nagpur seat, single-judge...

Senior Citizen Act Can't Be Used To Reclaim Property From Children Of First Wife Amid Family Dispute: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed a Letters Patent Appeal filed by a senior citizen seeking maintenance and cancellation of a property transfer in favour of his sons from his first marriage, holding that the dispute was essentially a family property matter and not a case of neglect under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.Justice Ashwani...

Even Highly Qualified Persons Not Getting Jobs Due To Rising Unemployment: Bombay High Court Says Educated Wife Can't Be Denied Maintenance

The Bombay High Court recently while dealing with case pertaining to the payment of monthly maintenance to a wife, took judicial note of the rising unemployment and observed that even the highly educated persons are jobless and thus, even if a woman is highly educated she cannot be denied maintenance. Sitting at the Nagpur seat, single-judge Justice Urmila Joshi-Phalke while dismissing...

Husband Can't Avoid Paying Maintenance To Wife, Children By Claiming Lack Of Regular Income: Delhi High Court

The Delhi High Court has held that a husband cannot evade his obligation to maintain his wife and children merely by claiming that he does not have a regular source of income.Justice Saurabh Banerjee made the observation while dismissing a revision petition filed by a husband challenging a Family Court order directing him to pay maintenance of Rs.11,000 per month each to his wife and...

“Hospital Is Not A Shelter Home”: Calcutta High Court Orders Husband To Take Home Accident-Survivor Wife After 4 Years

The Calcutta High Court recently directed a man to take home his wife, who had been admitted to Apollo Multispecialty Hospitals Limited since September 2021 following a road accident, after a medical board found that she no longer required indoor hospitalization and could be cared for at home with trained paramedical assistance.Justice Krishna Rao observed that the case arose in...

Madras High Court Grants Divorce To Husband After Wife Arranged Daughter's Marriage Without Informing Him

While granting divorce to a man, the Madras High Court recently observed that the wife's act of marrying off their daughter without informing him would cause him mental agony and constitute mental cruelty. The bench of Justice CV Karthikeyan and Justice K Rajasekar held that as a parent, the husband would have undergone extreme mental agony, pain, and suffering, which could never...

Wives Are Not 'Deemed Maids': Bombay High Court Says Refusal To Perform Domestic Chores Like Cooking, Cleaning Is Not Cruelty

Wives are not 'deemed maids' and thus, their failure to perform domestic chores such as cooking, cleaning etc does not amount to cruelty, held the Bombay High Court recently. A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande quashed and set aside a judgment of the Family Court in Mumbai, which on July 23, 2010 granted divorce to a Chartered Accountant man, on grounds...

'Direct Evidence Of Adultery Extremely Difficult': Madras High Court Grants Divorce Citing Wife's Close Proximity With Another Man

The Madras High Court recently granted divorce to a man on the grounds of adultery by his wife, stating that though there was no direct evidence of sexual intercourse, there was evidence regarding close proximity of the wife with another married man. The bench of Justice CV Karthikeyan and Justice K Rajasekar noted that adultery itself is an act of secrecy, and it is very difficult...

Economic Dependence, Social Pressure Keeping Wife In Matrimonial Home Can't Negate Cruelty; Endurance Is Not Consent: Rajasthan High Court

The Rajasthan High Court has observed that many women continue to remain in difficult marriages out of economic dependence, social pressure, children, lack of shelter, fear of stigma or absence of parental support. Thus, mere fact that spouses reside together for some years does not automatically negate allegations of cruelty.The division bench of Justice Arun Monga and Justice Sunil...

'Frivolous, Vexatious': MP High Court Rejects Muslim Man's Plea Seeking Validation Of Triple Talaq Pronounced To Wife

The Madhya Pradesh High Court has dismissed a Muslim man's plea seeking a declaration of divorce through Triple Talaq pronounced to his wife.The bench of Justice Vivek Jain observed that the plea was a 'vexatious and frivolous' inasmuch as no such declaration can be granted as per the law."The suit in the present case is a suit for declaration on the basis of triple talaq and no such...

Wife's Education Or Capacity To Earn Alone No Bar To Claiming Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has observed that the mere fact that the wife is educated or possesses the capacity to earn does not, by itself, disentitle her from claiming maintenance under Section 125 CrPC. A bench of Justice Garima Prashad added that what is required to be considered is her actual and present ability to maintain herself in a manner commensurate with the standard of...

Mere Allegations Of Adultery Can't Disentitle Wife From Interim Maintenance Under Section 125 CrPC: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that a husband cannot deny interim maintenance to his wife under Section 125 of the Code of Criminal Procedure merely by levelling allegations of adultery, without such claims being substantiated by cogent and legally admissible evidence.Justice Neerja K. Kalson said,"matrimonial litigation cannot be permitted to become a forum for...