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...

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...

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...