'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...

“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...