Wife Staying At Parents' House After Childbirth While Husband Is Abroad Can't Be Treated As Desertion: Madras High Court

The Madras High Court has recently held that a wife going to her mother's house for delivery and remaining there after the birth of the child cannot be seen as an act of desertion when the husband was not present in the country during the time. “But, at any rate, we hold that since the appellant [husband] was not in this country, he cannot now complain about the conduct...

Husband's Pension-Receiving Parents Can't Be Treated As Fully Dependent To Reduce Wife, Child's Maintenance: Delhi High Court

The Delhi High Court has held that while a man has a legal and moral obligation to maintain his elderly parents, however, such parents receiving regular pension cannot be treated as “fully dependent” on him so as to substantially reduce the maintenance payable to his wife and minor child.Justice Swarana Kanta Sharma made the observation while setting aside a Family Court order which...

Husband's Disinclination To Resume Cohabitation With Wife Not A 'Wrong' U/S 23(1)(a) HMA In Absence Of Grave Misconduct: AP High Court

The Andhra Pradesh High Court has held that a mere “disinclination” by a spouse to resume cohabitation after a decree for restitution of conjugal rights does not amount to a “wrong” within the meaning of Section 23(1)(a) of the Hindu Marriage Act so as to disentitle that spouse from seeking divorce. The court said in order to be a 'wrong' within the meaning of Section 23(1)(a),...

Second Wife Not Necessary Party In First Wife's Maintenance Case Under Section 125 CrPC: Delhi High Court

The Delhi High Court has held that a second wife is neither a necessary nor a proper party in maintenance proceedings initiated by the first wife and children under Section 125 CrPC, observing that such proceedings cannot be unnecessarily widened by impleading every person claiming dependence on the husband.Justice Swarana Kanta Sharma made the observation while dismissing an application filed...

Father Can't Escape Duty To Maintain Children Citing Loan Repayments, EMI Commitments: Gujarat High Court

The Gujarat High Court has held that payment of EMI or loan repayment by the father cannot reduce his liability to maintain his children, adding that he has to provide for expenses towards food, clothing, residence, medical needs of the children and even tuition expenses. In doing so the court directed the father to maintain his three minor triplets from his first marriage, along with his...

Husband Can't Seek To Strike Off Wife's Defence In Matrimonial Proceedings After Failing To Pay Litigation Expenses: Delhi High Court

The Delhi High Court has held that a husband cannot seek to strike off his wife's defence in matrimonial proceedings for delay in filing a written statement after himself failing to comply with the Family Court's direction to pay litigation expenses.A division bench of Justices Vivek Chaudhary and Rajneesh Kumar Gupta dismissed an appeal filed by a husband challenging a Family Court order...

“Earning Capacity Cannot Be Ignored At Ad-Interim Stage”: Calcutta HC Sets Aside Maintenance Granted To Wife Without Financial Disclosure

The Calcutta High Court has clarified that a spouse's earning capacity cannot be ignored even at the ad-interim stage, setting aside a maintenance order granted to a qualified doctor without examining her financial status in light of the disclosure norms mandated in Rajnesh v. Neha.Justice Uday Kumar was hearing a criminal revisional application filed by a husband challenging an...

Courts Least Equipped To Infer 'Psychiatric Disorder' From Marital Incidents Without Expert Medical Evidence: Telangana High Court

Quashing a family court order restraining the wife from going near her husband during pendency of divorce proceedings on the ground of her alleged "psychiatric disorder", the Telangana High Court remarked that the courts are least equipped to arrive at such a finding in absence of any expert medical evidence.It said that thwarting free access of one individual to another, that too...

'Unprecedented': Telangana High Court Quashes Restraint Order Against Wife, Says Filing Criminal Cases Against Husband Don't Justify Curbs

The Telangana High Court quashed a family court order restraining a wife from going anywhere near her husband including his house and his working, during pendency of divorce proceedings. Terming the restraint order as "unprecedented" the court observed that merely because the wife had filed criminal cases against her husband would not justify such a severe consequence.It said that thwarting...

S.125 CrPC | Objective Of Provision Defeated As Exploitation Of Women Continues Due To Legal Loopholes: Rajasthan High Court

The Rajasthan High Court, while rejecting a maintenance application under Section 125 CrPC, filed by a woman whose marriage was void due to the subsistence of her and her husband's earlier marriage, described the situation as “unfortunate” and expressed sympathy for the petitioner.The bench of Justice Anoop Kumar Dhand highlighted the legal loopholes that defeated the objective of...

Maintenance Can't Be Demanded From Man If DNA Test Shows He's Not Child's Father : Supreme Court

The Supreme Court has held that when a DNA test conclusively establishes that a man is not the biological father of a child, he cannot be directed to pay maintenance, even though the child was born during the subsistence of marriage.A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed an appeal filed by a mother challenging the denial of maintenance to her...

Duty To Maintain Spouse Primary; Loan Repayments For Asset Creation No Ground To Reduce Maintenance Liability: Supreme Court

The Supreme Court recently observed that deductions arising out of financial commitments such as loan repayments, particularly where they contribute towards creation of assets, cannot be treated on par with necessary expenditure so as to substantially reduce the liability of maintenance. The Court emphasized that the obligation to maintain a spouse is a primary duty and cannot be subordinated...