Hindu Law: High Courts Digest 2022

LiveLaw brings to you the most awaited High Court Digest on Hindu personal law cases from the year 2022.Allahabad High Court"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 Thaker and Justice Vivek Varma observed thus while dealing with a plea filed by a Transgender person and her husband who sought a direction upon the Sub Registrar, Hindu Marriage, District Varanasi to consider and decide the online application for marriage filed by themWife Who Has Challenged Divorce Decree & Hasn't Accepted Permanent Alimony U/S 25 Hindu Marriage Act Can Seek Maintenance U/S125 CrPC: Allahabad HCCase Title: Tarun Pandit v. State of U.P. and AnotherCitation: 2022 LiveLaw (AB) 59The High Court recently allowed the claim for maintenance of a wife under Section 125 of CrPC, despite the grant of divorce decree by the Family Court, while noting that an appeal against the said decree was pending before the Court and the same had not attained finality.Justice Syed Aftab Husain Rizvi discarded the husband's plea that a divorced wife cannot claim maintenance under Section 125 CrPC. It also rejected the argument that since the Family Court has awarded permanent alimony under Section 25 of the Hindu Marriage Act, no maintenance under CrPC can be awarded. It observed,"It is clear that as O.P. No. 2 (wife) has not accepted the amount of alimony as she has challenged the divorce decree in appeal and appeal is pending and in that circumstances she can not accept the amount of alimony. So it can not be said that she has sufficient financial resources as permanent alimony has been awarded to her. At present she has no source of income and financial support to maintain her and comes in the category of destitute."Boy Not Being Above 21 Yrs Of Age Wouldn't Render Marriage Void; A Major Can Live With Person Of Choice: Allahabad High CourtCase title - Pratiksha Singh And Another v. State Of U.P. And 3 OthersCase citation: 2022 LiveLaw (AB) 75Stressing that it is well settled that it is the right of a major to live with anyone out of his/her own will, the High Court has held that the fact that a married boy is not above 21 years of age, would not render the marriage void.The Bench of Justice Ashwani Kumar Mishra and Justice Shamim Ahmed further clarified that at best, this could render the person responsible, liable for punishment in terms of Section 18 of the Hindu Marriage Act, 1955.Matrimonial Case Can't Be Transferred On Gound Of Distance/ Financial Stress If Plea U/S 24 HMA Has Already Been Allowed: Allahabad HCCase title - Smt. Shalinee Dubey @ Radhika Dubey v. Abhishek Tripathi @ GopalCase Citation: 2022 LiveLaw (AB) 144The Allahabad High Court observed that once an application under S. 24 of the Hindu Marriage Act, 1955 [Maintenance pendente lite and expenses of proceedings] has been allowed and uninterrupted litigation expenses are being paid to a party to a matrimonial dispute, he/she cannot move transfer application on the ground of distance and financial stress.The Bench of Justice Neeraj Tiwari observed thus as it took into account the decision of the Supreme Court in the case of Abhilasha Gupta vs. Harimohan Gupta 2021 9 SCC 730, wherein the Apex Court had taken the view that once the application under Section 24 of Act, 1955 is allowed and the particular matrimonial dispute is at the verge of the final decision, the transfer application can't be allowed.No Desertion/Cruelty If Wife Visits Her Parents' House Frequently Without Taking Husband's Consent: Allahabad High CourtCase title - Mohit Preet Kapoor v. Sumit Kapoor [FIRST APPEAL No. - 351 of 2020]Case citation: 2022 LiveLaw (AB) 290The High Court observed that the act of the wife in visiting her parents house frequently without taking consent of her husband and other family members can neither constitute the offence of desertion nor amounts to cruelty.The Bench of Justice Sunita Agarwal and Justice Krishan Pahal observed thus as it allowed an appeal filed by the Appellant/wife challenging the judgment and order passed by the Additional Principal Judge, Family Court, Bareilly under Section 13 of the Hindu Marriage Act granting divorce decree in favor of the husband.Able-Bodied Husband Can't Argue That He Isn't In Position To Maintain His Wife: Allahabad High CourtCase title - Vaibhav Singh v. Smt. Divyashika Singh [FIRST APPEAL No. - 554 of 2022]Case Citation: 2022 LiveLaw (AB) 393The Allahabad High Court recently observed that an able-bodied husband cannot argue that he is not in a position to maintain his wife.The observation was made while dismissing an appeal...

Hindu Law: High Courts Digest 2022

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