Delhi High Court Annual Family Law Digest 2023

LiveLaw brings to you Delhi High Court Digest on Family law cases from the year 2023.Law Doesn't Permit Husband To Take Away Wife's Household Articles, Jewellery Without Her Consent And Knowledge: Delhi High Court Title: AKSHAY DHINGRA v. STATE (GOVT. OF NCT OF DELHI) Citation: 2023 LiveLaw (Del) 3 The Delhi High Court has observed that the law does not permit a husband to take away the wife's household articles including jewellery without her consent and knowledge. Observing that no person can be allowed to take law in his own hands with an excuse that the parties are litigating, Justice Amit Mahajan observed: “Only because a complaint of wife in relation to istridhan is pending, does not mean that the husband can be allowed to surreptitiously throw the wife out of the matrimonial house and take away the articles.” Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife Title: NT v. VT Citation: 2023 LiveLaw (Del) 107 Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2(a) of the statute. Section 2(a) defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the 'respondent' and alleges to have been subjected to any act of domestic violence. Justice Jasmeet Singh was hearing a plea moved by a wife challenging the proceedings initiated by her husband under section 12 of the Protection of Women from Domestic Violence Act. Repeated Use Of Derogatory, Humiliating Words By Wife Against Husband, His Family Amounts To Cruelty: Delhi High Court Upholds Dissolution Of Marriage Title: DB v. RB Citation: 2023 LiveLaw (Del) 153 While upholding dissolution of a couple's marriage on the ground of cruelty, the Delhi High Court has observed that repeated use of derogatory and humiliating words by the wife against husband and his family amounts to cruelty. The court said every person is entitled to live with dignity and honour, and no one can be expected to live with constant abuse being hurled upon him. Delhi High Court Upholds Order Asking Man To Provide Maintenance For Wife's Child From Previous Marriage, Says Can't Avoid Responsibility Now Title: RKY v. MD Citation: 2023 LiveLaw (Del) 207 The Delhi High Court has observed that an individual marrying a person who has a child cannot be allowed to argue later that the child is not his or her responsibility. “When a person solemnizes a marriage with a person who already has a child, said person shall be presumed to have undertaken the responsibility of the child and also cannot later be permitted to contend that the child is not his/her responsibility,” a division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan observed. Right To Residence In Matrimonial Home Includes Right To Safe And Healthy Living: Delhi High Court Title: NG v. SG & ANR Citation: 2023 LiveLaw (Del) 285 The Delhi High Court has observed that the right to residence in a matrimonial home under the provisions of Protection of Women from Domestic Violence Act, 2005, also includes the right to safe and healthy living. While issuing notice on a wife's plea challenging the order passed by the First Appellate Court in a civil case relating to matrimonial dispute, Justice Tushar Rao Gedela said: “…. it goes without saying that the right to residence in a matrimonial home, under the provisions of the Protection of Women from Domestic Violence Act, 2005, also would subsume within itself, the definition of “right to safe and healthy living” too. Hence, requiring interference by this Court.” Either Party To Marriage Can Marry Again If No Appeal Filed Against Ex-Parte Divorce Decree Within Limitation Period: Delhi High Court Title: SD v. RKB Citation: 2023 LiveLaw (Del) 331 The Delhi High Court has held that either party to a marriage under the Hindu Marriage Act, 1955, can marry again if no appeal is filed against an ex-parte decree of divorce within the period of limitation. A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan said that section 15 of the Hindu Marriage Act enables the parties to marry again only after the decree of divorce has become final. “Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation,” the court said. Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband's Adultery, Right To Privacy Not Absolute: Delhi High Court Title: SA v. MA Citation: 2023 LiveLaw (Del) 390 The Delhi High Court has observed that a wife can seek production of evidence...

Delhi High Court Annual Family Law Digest 2023

Nupur Thapliyal

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