matrimonial dispute Archives

Delhi High Court issues guidelines for drafting a Settlement Agreement in matrimonial disputes of criminal nature; Directs agreements to be prepared in Hindi too

Delhi High Court observed that an inadequately drafted agreement will be one that fails to include essential elements such as the name of all the relevant parties, the terms outlining the conditions of settlement, and the consequences in the event of non-compliance or breach.

Case Briefs High Courts

Husband gravely undermined the institution of marriage by fraudulently getting divorce; Uttaranchal High Court imposes fine of Rs. 1 Lakh

Uttaranchal High Court: While dismissing the instant appeal against the order dated 25-08-2022 passed by Family Court whereby the wife’s

Case Briefs Supreme Court

One cannot seek transfer of execution proceeding under Section 125(3) CrPC to another Court once the order fixing maintenance attains finality: Supreme Court

Supreme Court: In a complex case where both the parties claimed to be disabled to get the matrimonial case transferred to the

Case Briefs High Courts

Punjab & Haryana High Court allows accused in matrimonial dispute to travel to Australia for employment purpose

Punjab & Haryana High Court: Suvir Sehgal, J. while dismissing the petition filed under Section 482 of Criminal Procedure Code

Case Briefs High Courts

Allahabad High Court | Constitution of India does not permit to issue mandamus when there is no threat perception alleged or transpired; Petition dismissed for filing with a purpose of obtaining seal of this Court on illegal relationship

Allahabad High Court: The Division Bench of Kaushal Jayendra Thaker and Ajai Tyagi, JJ. dismissed a writ petition with costs which was

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by Bhavna Mehrotra†

Case Briefs High Courts

Can judicial separation be granted instead of divorce for which party has approached the Court? Read what Del HC says

Delhi High Court: Expressing that the Family Court’s decision was based on optimism and hope rather than the actual factual matrix of

Case Briefs High Courts

Ker HC | Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? HC answers

Kerala High Court: In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking

Case Briefs High Courts

Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision

Delhi High Court: While addressing a matrimonial dispute, Division bench of Vipin Sanghi and Jasmeet Singh, JJ., held that, In cases where

Case Briefs High Courts

Bom HC | Whether HC should quash an FIR arising out of matrimonial dispute on ground of same being settled amicably? Gian Singh v. State of Punjab referred

Bombay High Court: The Division Bench of S.S. Shinde and Abhay Ahuja, JJ., reiterated the observation of Supreme Court in Gian Singh

Case Briefs High Courts

All HC | Wife’s appeal against divorce decree withdrawn due to reconciliation and cohabitation with husband. Later, husband passed away. Is she entitled to maintenance under Hindu Adoptions & Maintenance Act? Read on

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., while setting aside a decree of divorce

Case Briefs High Courts

Ker HC | In divorce petition under S. 13(1)(iii) of HMA, can Court order a party to appear before medical board for assessment of mental condition? Court discusses

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that to get a decree of divorce

Case Briefs High Courts

Bom HC | Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Surawanshi, JJ., upheld the decision of the family court. Present appeal

Case Briefs High Courts

Bom HC | Wife, a chattel? On refusing to make tea, husband assaults wife with a hammer. HC observes ‘imbalance of gender – skewed patriarchy’

Bombay High Court: Revati Mohite Dere, J., while addressing a very significant issue of assault, expressed that: “There is imbalance of gender

Case Briefs High Courts

Del HC | Permanent residents of Singapore, residing there since 2012, wife seeks an injunction for suit filed in Singapore by husband regarding matrimonial dispute. HC rejects appeal. Why? Read on

Delhi High Court: The Division Bench of Vipin Sanghi and Rekha Palli, JJ., upheld the Family Court’s decision and directed the parties

Case Briefs High Courts

Madras HC | Husband and Wife living separately for past 13 years. Can cooling-off period under S. 13-B of Hindu Marriage Act, 1955 be waived off, if sought mutually ? Read on

Madras High Court: J. Nisha Banu, J., while addressing a revision petition directed the Family Court to waive off the cooling-off period

Case Briefs High Courts

Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Delhi High Court: Suresh Kumar Kait, J., while addressing a criminal revision petition concerning a matrimonial dispute expressed that: “..husband cannot wriggle

Case Briefs Supreme Court

Restitution of conjugal rights| Read how Supreme Court imparted justice to a woman despite rejecting her Transfer Petition

“While the hardship, both social and financial, pleaded by the petitioner deserves favourable consideration, the transfer of the case at this stage of the proceeding may not be appropriate.”

Case Briefs High Courts

All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says

Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as

Case Briefs Supreme Court

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.