Family Law/Matrimonial Cases
Acquittal In Rape Case Doesn't Bar Scientific Determination Of Paternity : Supreme Court Upholds DNA Test Order
The Supreme Court recently held that a DNA test may be directed in a paternity dispute even where the alleged father was previously acquitted in a criminal rape case, observing that scientific evidence becomes indispensable when no other evidence can conclusively resolve the question of biological parentage. A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed...
MP High Court Grants Maintenance To Woman & Child; Draws Adverse Inference Against Man For Refusing DNA Test
The Madhya Pradesh High Court has awarded maintenance to a woman and her son after holding that an adverse interference could be drawn against a man who refused to undergo a DNA fingerprinting test sought to establish the child's paternity. The court observed that proceedings under Section 125 CrPC are welfare-oriented in nature and do not require strict proof of marriage as is necessary...
Delay In Challenging Family Court Orders In Matrimonial Disputes Is Fatal As Parties May Alter Marital Status: Kerala High Court
The Kerala High Court has observed that delay in challenging Family Court orders on matrimonial disputes, especially on dissolution of marriages, is fatal as parties may alter their marital status.A Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed:“In matrimonial disputes especially in the matters relating to dissolution of marriage, delay in...
Kerala High Court Directs Addition Of Father's Name In Birth Certificate Of Child Conceived Through IVF When Parents Were Living Together
In an exercise of its extraordinary powers under Article 226 of the Constitution of India, the Kerala High Court recently ordered for the addition of father's name in the birth certificate of a child born when parents were living together.Justice P.V. Kunhikrishnan was considering a plea by the parents of the child, whose birth certificate recorded only the mother's name but left the...
Hindu Minority & Guardianship Act | Supreme Court Explains Principles On S.8 Application By Guardian For Minor's Property
The Supreme Court on Wednesday (June 3) held that courts examining natural guardians' applications under Section 8 of the Hindu Minority and Guardianship Act, 1956 (HMGA) seeking the management of the minor's estate must undertake a realistic assessment of whether a proposed transaction offers an “evident advantage” to the minor, rather than rejecting such applications on technical...
Single Mother Can Apply For Child's Passport Without Father's Consent If Prescribed Declarations Are Filed: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that a single mother is entitled to apply for a passport for her minor child without the consent or signature of the father, provided the prescribed declarations under the Passport Rules are furnished.Under the Passport Rules, 1980, particularly Column 16 of the Guidelines for filling up passport application forms and Clause 4.8 of the...
Kerala High Court Directs Family Courts To Follow Calcutta High Court's Guidelines On Child Custody Till State Rules Are Framed
The Kerala High Court on Monday (June 1) directed all the Family Courts in Kerala to follow the Calcutta High Court's guidelines on child custody and parenting plan until a State specific rule is framed.The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the order, while disposing of a habeas Corpus petition. The habeas corpus petition was filed by a...
Hindu Wife Removing 'Thali' Amounts To Mental Cruelty To Husband: Madras High Court Grants Divorce
While upholding an order granting divorce to a man, the Madras High Court observed that the removal of the Thali (mangalsutra) by a Hindu wife would amount to mental cruelty upon the husband.The court also observed after considering the evidence, the husband's allegation that the wife converted to Christiany also cannot be thrown away. “The next ground for divorce is that the...
'Sad Picture': MP High Court Enhances Maintenance Of Wife Allegedly Married As Teenager, Says She Can't Be Denied Reasonable Sum
The Madhya Pradesh High Court enhanced maintenace amount ordered by a family court to a woman, remarking that it was a sad picture of the rights of girls wherein the woman who was allegedly a victim of child marriage, was again being victimized by being provided "meagre amount of maintainance". The woman, who was allegedly married in 2015 while she was only 13 years old, had alleged cruelty...
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...