[S. 14 HSA] ‘Right to maintenance’ is sufficient for ripening possession into full ownership if property is given in lieu of maintenance: SC reiterates
In a civil appeal against a decision of the Andhra Pradesh High Court dismissing an appeal under Section of the (‘CPC’) and Cross Objections filed under Order XLI Rule 22 respectively, against a judgment and decree pertaining to a property dispute in favour of the respondents, the Division Bench of C.T. Ravikumar and Sanjay Karol, JJ. dealt with the issue that whether the present appellant/ original defendants were entitled to the entire property, in line with the position that their mother, by virtue of the , would have absolute rights over the subject property and, therefore, be able to bequeath the same by way of Will to her successors.
“Wife entitled to maintain matrimonial home lifestyle during pendency of divorce petition”; SC directs husband to pay Rs.1,75,000 monthly interim maintenance
While considering the instant appeal revolving around an order of reduction of maintenance by Madras High Court, whereby the husband prayed for further reduction of monthly interim maintenance amount and wife prayed for an enhancement; the Division Bench of Vikram Nath and Prasanna B. Varale, JJ., found errors in evaluation made by the High Court and pointed out that it was on record that the wife had sacrificed her employment after the marriage and was accustomed to a certain standard of living in her matrimonial home. Therefore, during the pendency of the divorce petition, she is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home.
Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife
In civil revision petition filed against the order directing the husband to pay a sum of Rs.5 Lakhs as compensation for having inflicted domestic violence on his wife and a sum of Rs.25,000/- per month towards the maintenance of the minor child, G.R. Swaminathan, J. concluded that the husband failed to obtain a judicial declaration confirming the legal dissolution of his marriage with the wife, meaning their marriage remains valid. Although the husband, as a Muslim, has the right to marry again, he must face the consequences of his actions. The Court determined that entering into a second marriage likely inflicted significant emotional distress and pain on the wife, amounting to cruelty. As a result, the lower courts were justified in awarding her compensation of Rs. 5 lakhs.
Himachal Pradesh HC directs State to register names of children born from void marriage in Panchayat record
In a petition filed by three minor children aged 12, 9 and 5 years (‘petitioners’), respectively, through their mother-natural guardian seeking direction to the respondents to enter their names in the Panchayat record i.e. Birth Register and Pariwar Register, Jyotsna Rewal Dua, J., stated that the petitioners were living beings and the fact that they were there, needed to be acknowledged in law. Hence, their names were required to be entered in the record of Panchayat concerned. The Court stated that entering the names of the petitioners in the Panchayat Record i.e. would be in consonance with the provisions of Section of the (‘HMA’). The objection of the respondents that since the marriage between the parents of the petitioners could not be registered, so the petitioners’ name could not be entered in the Panchayat Record was clearly misconceived and violated the import of Section 16(1) of the HMA.
Repeatedly demeaning husband’s religious beliefs, insulting his gods and humiliating him amounts to mental cruelty: Chhattisgarh High Court upholds divorce
In an appeal against the judgment and decree dated 05-04-2023, passed by the Principal Judge, Family Court Bilaspur, whereby the application for divorce under (‘HMA’) filed by the respondent (‘husband’) for grant of decree of divorce, was allowed, the Division Bench of Rajani Dubey* and Sanjay Kumar Jaiswal, JJ., stated that a close scrutiny of oral and documentary evidence and admission of wife in her statement made it clear that she regularly visited the Church and in the last 10 years, she had not followed the Hindu religion and also did not take part in Hindu Puja.
Delhi High Court annuls Special Marriage Act registration for Muslim couple due to conflict with Islamic Law
A petition was filed by a couple (the petitioners) seeking annulment of their marriage registration under the , after they had initially registered their marriage under this Act due to the absence of an online mechanism for registering marriages under Muslim Personal Laws. Sanjeev Narula, J., annulled the registration and held that the registration under the Special Marriage Act was inapplicable, as the petitioners’ marriage was solemnized under Islamic law, and the lack of an effective registration mechanism for such marriages under Muslim Personal Laws led to the erroneous registration.
Father-in-law not liable to maintain Daughter-in-law under Muslim Personal Law: MP High Court
In a petition filed by father-in-law (petitioner) challenging trial court’s order awarding Rs. 3,000 per month as maintenance to widow daughter-in-law (respondent), a single-judge bench of Hirdesh, J., reaffirmed that, under Mahomedan law, a father-in-law is not obligated to support his daughter-in-law financially and set aside the maintenance order. In the instant matter, the respondent filed an application under Section of the (DV Act) seeking maintenance of Rs. 40,000 per month from her father-in-law. The respondent got married to petitioner’s son on 14-06-2011, who passed away June 30-06-2015. She has two daughters from this marriage. The trial court awarded her Rs. 3,000 per month as maintenance, which was affirmed by the First Additional Sessions Judge, Shivpuri, vide order dated 21-01-2022.
Uttaranchal HC appoints wife as her husband’s guardian who is in a comatose state
The present writ petition was filed by petitioner-wife for the appointment of a Guardian for her husband, as he was in a comatose state. A Single Judge Bench of Pankaj Purohit, J., appointed petitioner as the Guardian of her husband regarding his properties, bank accounts, and for all such acts that were necessary to the best interest of her husband.
Kerala HC sets aside Family Court order granting permanent child custody to father; Stresses importance of credible evidence for postpartum depression allegations
In a petition challenging the Family Court’s decision, which found that the mother was suffering from psychiatric disorders and granted permanent child custody to the father, the Division Bench of Justices Devan Ramachandran and M.B. Snehalatha, JJ. while setting aside the impugned orders, observed that postpartum depression, while common in some women, is typically temporary and does not persist indefinitely. The Bench emphasized that alleging that the mother was still suffering from postpartum depression and was unwilling to nurse the child must be supported by cogent and reliable evidence.
Allahabad HC grants divorce to couple living separately for over a decade; Cites continuous mental cruelty by wife
In an appeal filed by the husband under Section of read with Section of (‘HMA’) and Section of the , against the Family Court’s order, refusing to grant of decree of divorce under Section 13 of HMA the division bench of Rajan Roy and Om Prakash Shukla*, JJ. while granting divorce, held that the couple’s separation for over a decade had irreparably damaged the marriage, effectively amounting to mental cruelty for the husband.
Husband forcing wife to quit job & live as per his wish and style amounts to cruelty: Madhya Pradesh High Court
In an appeal seeking to set aside the Family Court, order refusing to award decree of divorce, a division bench of Suresh Kumar Kait,* CJ. and Sushrut Arvind Dharmadhikari, J., set aside the judgment and decree passed by the Family Court and granted decree of divorce on the ground of cruelty and desertion. The Court held that “…forcing the wife to leave the job and live as per his wish and style, amounts to cruelty.”
Sacred duty of husband or father to maintain wife and children: Allahabad HC upholds Family Court’s pendente lite maintenance order
In an appeal filed under Section of against an order passed by the Family Court under Section of , whereby the Family Court has directed the husband to pay one-time Rs. 50,000/- as litigation expenses to the wife in the case and also directed him to pay one-time Rs. 10,000/- as litigation costs and Rs.500/ per hearing, within 30 days from the date of order, the division bench of Vivek Chaudhary and Om Prakash Shukla, JJ. held that there was no evidence indicating that the wife lacked an independent income, while it was established that the husband, a Colonel in the Indian Army, earned a substantial salary. Hence, the Family Court’s decision to award the wife Rs. 50,000 for filing a reply, along with Rs. 10,000 and Rs. 500 per hearing, payable by the husband within 30 days, was deemed reasonable and not requiring interference.
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