High Court
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...
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...