All High Courts Family Law Digest 2022

LiveLaw brings to you the most awaited High Courts Digest on Family law cases from the year 2022.ALLAHABAD HIGH COURT Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High CourtCase title - Sanjeev Rai v. State of U.P. and AnotherCase citation: 2022 LiveLaw (AB) 14Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the High Court recently observed that nowadays, it is extremely difficult to conceive that a woman would be in a position to maintain her with the amount of Rs. 1500/- per month. [Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isn't Entitled To His/Her Legal Custody: Allahabad HCCase title - Shradha Kannaujia (Minor) And Another v. State Of U.P. And 5 OthersCase citation: 2022 LiveLaw (AB) 28The High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody matters may be invoked only in cases where the detention of a minor is by a person, who is not entitled to his/her legal custody.In view of this, the Bench of Justice Raj Beer Singh dismissed a Habeas plea filed by the mother of a 5-year-old girl seeking minor's custody from her father (her husband) as the Court noted that the appropriate remedy in such matters would lie under the Hindu Minority and Guardianship Act, 1956 or Guardians and Wards Act, 1890.Dowry Death- "Crime Evident Of Heartless Husband's Callous Greed": Allahabad HC Denies Bail To Man Accused Of Burning WifeCase title - Bablu Second Bail Application v. State of U.P.Case citation: 2022 LiveLaw (AB) 33The High Court denied bail to a Husband who has been accused of burning her 22-year-old wife and thereafter, burying her dead body was buried at a secret place in connection with the demand of dowry.The Bench of Justice Vikas Kunvar Srivastav denied bail to Bablu (husband of the deceased) as the court remarked that the alleged act of husband was evident of callous greed of a heartless husband and self-centered irresponsible father of the infant child.[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HCCase title - Ashish And 2 Others V. State Of U.P.And AnotherCase citation: 2022 LiveLaw (AB) 38The High Court has observed that conducting or not conducting preliminary enquiry is the domain of Investigating Officer and on which basis, F.I.R. cannot be quashed.The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the victim, Seema seeking to quash the entire criminal proceedings arising out of the FIR that had been lodged against them under Sections 498A, 323, 506 I.P.C. and Section 3/4 of D.P. Act. Matrimonial Case Transfer- Wife Not Having Anyone To Accompany Her Across Long Distance A Relevant Factor: Allahabad HCCase title - Smt. Shakshi Agrawal v. Sri Ashutosh AgrawalCase citation: 2022 LiveLaw (AB) 45The High Court has observed that the fact that a wife is not having anyone to accompany her across a long distance is also a relevant consideration in ordering the transfer of a matrimonial case.The Bench of Justice J. J. Munir observed thus while allowing a transfer application filed by a wife seeking transfer of a matrimonial case (filed by the husband) from the court of Principal Judge, Family Court, Gautam Budh Nagar to the court of Principal Judge, Family Court, Allahabad.POCSO Act Not Intended For Teenagers' Romantic Affair: Allahabad HC Grants Bail To Man Who Married 14-Yr-Old VictimCase title - Atul Mishra v. State Of U.P. And 3 OthersCase citation: 2022 LiveLaw (AB) 51The High Court recently granted bail to a POCSO Accused who ran away with a 14-year-old girl (victim) due to a romantic affair between them. The Court noted that both of them fled away, got married in a Temple, and remained in company with each other for almost two years during which the girl even gave birth to a baby.The Bench of Justice Rahul Chaturvedi also remarked that it would be extremely harsh and inhuman to devoid the baby from parental love and affection on account of the fact that both the accused and minor victim loved each other and decided to get married.The Court, in a significant clarification also said that the scheme of the POCSO Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers are involved in a dense romantic affair."Marriage Certificate Not Necessary For Adopting A Child": Allahabad HC In Transgender Person's Plea Seeking Marriage RegistrationCase title - Rina Kinnar And Another v. State of U.P. and AnotherCase Citation: 2022 LiveLaw (AB) 55The High Court has observed that for adopting a child, a marriage certificate is not a sina-quo-non and even a single parent can adopt a child under the Hindu Adoption and Maintenance Act, 1956.The Bench of Justice Dr. Kaushal Jayendra...

All High Courts Family Law Digest 2022

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