“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...