Supreme Court
Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme Court
The Supreme Court today (January 28) reaffirmed that a child's legitimacy determines paternity, emphasizing that a child born during a valid marriage is presumed to be the legitimate offspring of parents who had access to each other at the time of conception. The Court dismissed the argument that legitimacy and paternity are distinct concepts requiring separate determination. It held...
Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife."When application for bail is filed, the Court is required to impose such bail conditions which would ensure that the appellant does not flee from justice and is available to face Trial. Imposing conditions...
Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court
The Supreme Court noted that maintenance proceedings under Section 125 of the Cr.P.C. are essentially civil in nature and should not be equated with criminal proceedings merely because they involve a penal consequence.“even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or...
Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court
The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench comprising Justice CT Ravikumar...
Wife's Financial Independence No Bar To Grant Alimony If It's Necessary To Secure Dignity & Social Standing Post-Divorce: Supreme Court
The Supreme Court observed that maintenance can be granted despite the financial independence of a party if it is necessary to secure dignity, social standing, and financial stability post- divorce, especially in cases where the marriage has subsisted for a long period.A bench comprising Justice Vikram Nath and Justice PB Varale made with observation while granting Rs 50 lakhs as...
Ex-Husband Can't Be Expected To Maintain Ex-Wife As Per His Present Status All Life; Alimony Not To Equalise Wealth : Supreme Court
The Supreme Court has observed that a divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband. The Court expressed reservtions with tendency in matrimonial proceedings to seek maintenance or alimony as an "equilisation of wealth with the other party."While the wife is entitled to be maintained, as far as possible, to the same standards of life to...
Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. under business laws."the right to maintenance is commensurate to the right...
Permanent Alimony Shouldn't Penalize Husband But Should Ensure Decent Living For Wife : Supreme Court Lists Out Factors
The Supreme Court on Tuesday (Dec. 10) directed a husband to grant permanent alimony of Rs. 5 Crores to the wife as a one-time settlement upon dissolution of the marriage. While directing the same, the bench comprising Justices Vikram Nath and Prasanna B. Varale stressed the father's obligation to maintain and care for his child and directed the husband to make a provision of Rs. 1 Crore...
S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court
The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14(1) of the Hindu Succession Act, 1956 ("HSA"), for a possessory right to be transformed into full ownership, it must be established that the Hindu woman holds...
During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court
While awarding Rs.1.75 Lakhs as monthly interim maintenance to a wife during the divorce proceedings, the Supreme Court observed that the wife is entitled to the same standard of living during the divorce proceedings as what she enjoyed during the marriage.“The appellant (wife) was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of...
Indian Husbands Must Financially Empower Their Wives Who Don't Have Independent Source Of Income : Supreme Court
In a notable Judgment delivered by the Supreme Court regarding the right of the Muslim woman to claim maintenance from her husband under Section 125 Cr.P.C., the Court has adverted to the vulnerability suffered by married women in India particularly 'Homemakers' who do not have an independent source of income and the problems faced by them in routine life due to not having access to...