Supreme Court
Supreme Court Refuses To Interfere With Delhi HC Order Allowing Wife To Seek Husband's Hotel, CDR Records To Prove Adultery
The Supreme Court refused to interfere with the Delhi High Court ruling permitting a wife to summon hotel records and the call detail records (CDRs) of her husband in matrimonial proceedings to substantiate allegations of adultery.A partial court working days bench of Justice Manmohan and Justice K. Vinod Chandran dismissed the appeal filed by the husband, declining to interfere with...
"Why Are You Opposing Adoption By Family Members?" Supreme Court Questions CARA Over Objection To US-Based Aunt Adopting Child
The Supreme Court on Monday questioned the Central Adoption Resource Authority (CARA) for opposing the adoption of a minor girl by her maternal aunt residing in the United States, orally remarking that the authority has adopted a negative attitude towards such adoptions.A bench of Justice BV Nagarathna and Justice Joymalya was hearing a writ petition filed by a 13-year-old girl and her...
Supreme Court Lays Down Principles For Psychological Evaluation Of Children In Custody Disputes
The Supreme Court today laid down a set of broad principles for courts dealing with requests for psychological or psychiatric evaluation of children in custody, visitation and parental access disputes, holding that “minimum intrusion” into a child's life should be the norm and courts must remain sensitive to the risk of re-traumatisation.A bench of Justice Sanjay Karol and Justice N...
Acquittal In Rape Case Doesn't Bar Scientific Determination Of Paternity : Supreme Court Upholds DNA Test Order
The Supreme Court recently held that a DNA test may be directed in a paternity dispute even where the alleged father was previously acquitted in a criminal rape case, observing that scientific evidence becomes indispensable when no other evidence can conclusively resolve the question of biological parentage. A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed...
Hindu Minority & Guardianship Act | Supreme Court Explains Principles On S.8 Application By Guardian For Minor's Property
The Supreme Court on Wednesday (June 3) held that courts examining natural guardians' applications under Section 8 of the Hindu Minority and Guardianship Act, 1956 (HMGA) seeking the management of the minor's estate must undertake a realistic assessment of whether a proposed transaction offers an “evident advantage” to the minor, rather than rejecting such applications on technical...
Maintenance Can't Be Demanded From Man If DNA Test Shows He's Not Child's Father : Supreme Court
The Supreme Court has held that when a DNA test conclusively establishes that a man is not the biological father of a child, he cannot be directed to pay maintenance, even though the child was born during the subsistence of marriage.A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed an appeal filed by a mother challenging the denial of maintenance to her...
Duty To Maintain Spouse Primary; Loan Repayments For Asset Creation No Ground To Reduce Maintenance Liability: Supreme Court
The Supreme Court recently observed that deductions arising out of financial commitments such as loan repayments, particularly where they contribute towards creation of assets, cannot be treated on par with necessary expenditure so as to substantially reduce the liability of maintenance. The Court emphasized that the obligation to maintain a spouse is a primary duty and cannot be subordinated...
Supreme Court Directs Husband's Employer To Deposit Monthly Maintenance To Wife's Account After Deducting From His Salary
The Supreme Court recently directed the employer of a man to deduct ₹25,000 every month from his salary and transfer the amount directly to the bank account of his estranged wife towards maintenance for her and their minor daughter.A bench of Justice JB Pardiwala and Justice KV Viswanathan passed the direction after noting that the husband had failed to comply with earlier orders and had...
Supreme Court Stays Muslim Husband's Talaq-E-Hasan Divorce To Illiterate Wife; Couple To Remain Married Until Talaq Proven Valid
The Supreme Court today stayed the operation of a talaq-e-hasan divorce given by a Muslim husband to his illiterate wife, noting that there were allegations of his obtaining her signatures on a blank paper and he did not appear to defend them.A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order. When apprehensions were expressed by Senior Advocate MR Shamshad (appearing...