'Deprived Of Legitimate Right To Maintenance': MP High Court Grants ₹10 Lakh Compensation To Woman In Domestic Violence Case

The Madhya Pradesh High Court has substantially enhanced the compensation awarded to a woman and her daughter from ₹10,00 to ₹10 Lakh in a domestic violence case, noting that her husband's family filed a civil suit and obtained a decree, thereby depriving the woman benefit of maintenance which was already settled in her favour.The bench of Justice Gajendra Singh observed:"The course...

Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court

The Rajasthan High Court held that continuation of proceedings against ex-husband and his family by the ex-wife even after receiving a lumpsum amount of Rs. 20 lakhs as alimony and procuring a decree of mutual divorce, amounted to abuse of the process of law. The bench of Justice Anoop Kumar Dhand observed that the matter indicated a reverse trend wherein the complainant-wife, despite...

'Cannot Be Made Family Court': Madras High Court Dismisses Woman's Plea To Stop Pension Benefits Of Husband Over Unpaid Maintenance

The Madras High Court recently dismissed a plea by a wife seeking to stop the disbursement of pensionary benefits and other service benefits to her husband over unpaid maintenance dues. Justice Mummineni Sudheer Kumar observed that the High Court could not be converted into an execution court or family court. The court observed that if the wife succeeded in her maintenance case against...

Professionally Active Wife's Plea Of Inability To Travel Doesn't Inspire Confidence: P&H High Court Declines Transfer Of Divorce Case

The Punjab and Haryana High Court has dismissed a transfer petition filed by a wife seeking transfer of a divorce case instituted by her husband from Amritsar to Hoshiarpur, holding that no sufficient ground or genuine hardship was made out to warrant such transfer.Justice Nidhi Gupta said, "Moreover, from the material placed on record, including photographs annexed by respondent No.1,...

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...

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...