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DIVORCE/MAINTENANCE: Courts cannot force husband to ‘keep wife’, says Supreme Court; ‘cooling off’ period for granting divorce …

DIVORCE/MAINTENANCE NEWS

Courts cannot force husband to ‘keep wife’, says Supreme Court
6-month ‘cooling off’ period for granting divorce can be waived: SC 
Supreme Court bars Triple Talaq for six months. Here’s a 11-point primer 
Man can’t seek divorce over wife’s desire for bed tea: HC
Separated at 21 months, SC gives girl’s custody to mother
Delhi High court sets aside ‘mechanical’ award of maintenance to wife
More …

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Heading Towards Divorce (Image courtesy of David Castillo Dominici at FreeDigitalPhotos.net)

Courts cannot force husband to ‘keep wife’, says Supreme Court

The Supreme Court made the observation while hearing a case in which the husband was booked for dowry harassment.

LegalHelp 1

Hindustantimes.com  
Nov 26, 2017 
The Supreme Court has said that courts cannot force a husband to “keep his wife” as it asked a man to deposit Rs 10 lakh as interim maintenance for his estranged wife and upkeep of their son.
The apex court restored the bail order of the Madras high court which was cancelled after the husband refused to comply with the compromise agreement. …

6-month ‘cooling off’ period for granting divorce can be waived: SC

Timesofndia.indiatimes.com 
Sep 13, 2017 
NEW DELHI: A Hindu married couple may not need to wait six months for a separation order in the case of mutual consent and the marriage can be legally terminated in just a week as the Supreme Court on Tuesday held that the “cooling off” period in not mandatory and can be waived off.
The court ruled that the stipulation under the Hindu Marriage Act for a six-month wait could be done away with if all efforts for mediation and conciliation intended to reunite the parties had failed. The waiving off can be considered if the parties had already lived separately for at least a year. In such situations, the court could take a view that delay in proceedings will only prolong subsequent resettlement. …

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Supreme Court bars Triple Talaq for six months. Here’s a 11-point primer

economictimes.indiatimes.com
Aug 22, 2017 
A 5-judge Supreme Court bench has barred the controversial Triple Talaq practice, asking the Centre to bring legislation. The apex court put a six-month stay on the practice, directing Parliament to enact a law within the given time period. 
After reading separate judgments, the bench ruled in 3:2 majority that Triple Talaq was void and illegal and ‘unconstitutional’. SC referred to the abolition of Triple Talalq in Islamic countries and asked why can’t India get rid of it. …

Man can’t seek divorce over wife’s desire for bed tea: HC

Deccanherald.com
November 6, 2016
A man cannot claim cruelty and seek divorce from his wife for asking him to serve her tea in bed and over her habit of rising late, the Delhi High Court has said. 
This can be called laziness which does not constitute cruelty, the court said. It also held that the wife’s denial of sex during pregnancy cannot be the ground for divorce. …

Gavel
(Representative Photo)

Separated at 21 months, SC gives girl’s custody to mother

India.com 
February 17, 2017 
New Delhi, Feb 17 (PTI) An eight-year old girl was united with her mother after over six years by the Supreme Court, which said it was not possible for the child to comprehend the comfort of maternal love while staying with the father. 
The girl was separated from her mother when she was only 21 months old after her parents separated due to matrimonial discord, with the father getting the infant’s custody. …

Delhi High court sets aside ‘mechanical’ award of maintenance to wife

Indianexpress.com 
The HC noted that the family court “casually” calculated the annual income of the husband from 2012 to 2016 on the basis of the Dirham to Rupee conversion rate of 2016 and not the earlier years. 
January 29, 2017 
Finding fault with the “mechanical” manner in which a family court computed the monthly maintenance to be paid to a woman by her Dubai-based husband, Delhi High Court has set aside the decision saying the man’s cost of living there and the wife’s expected expenses here were overlooked. A bench of justices Pradeep Nandrajog and Yogesh Khanna also said the family court “casually” calculated the annual income of the husband for the years 2012 to 2016 on the basis of the Dirham to Rupee conversion rate of 2016 and not the earlier years. …

Hindus get 90 days to appeal family court divorce decree

Timesofndia.indiatimes.com 
Dec 8, 2016
MUMBAI: A warring Hindu couple now has 90 days, not 30, to file an appeal against a divorce decree granted by a family court, a full bench of the Bombay high court has held. …

Man can seek wife’s test to show they never had sex: Bombay HC

Timesofndia.indiatimes.com  
Sep 10, 2016 
MUMBAI: Can a family court direct a wife to be medically examined to enable the husband to prove his claim of non-consummation of marriage? Certainly, said the Bombay high court as it upheld an order passed this July by the Mumbai family court in a divorce petition filed in 2011 on grounds of non-consummation. …

divorce/maintenanceIf couple wants divorce, courts cannot ask for reasons, says HC

Timesofndia.indiatimes.com 
Aug 11, 2016 
CHENNAI: If a married couple wants divorce by mutual consent, it is not a court’s business+ to deny them judicial separation by insisting on knowing the reason for their decision, the Madras high court has said.
Noting that a court could not act like a fact-finding authority, a division of Justice K K Sasidharan and Justice N Gokuldas said: “In case the marriage is a failure and the parties wanted to put an end to the marital bond, the court should respect the sentiments and grant divorce. It is not the intention of the legislature to deny divorce in spite of the parties taking a conscious decision to part ways.”

Delhi court orders man to pay Rs 35,000 as monthly maintenance to estranged wife   

Dnaindia.com  
Apr 03, 2016
A man, accused in a domestic violence case, has been ordered to pay a monthly maintenance of Rs 35,000 to his estranged wife, with a Delhi court dismissing his appeal saying the woman is entitled to live the status she was enjoying before parting ways. …

Weird reasons cited by couples for divorce   

Timesofndia.indiatimes.com
Dec 21, 2015
Last week, a Noida woman filed a complaint against her husband after he sent her a talaq over email for being “too dark-skinned”. …

Divorce on WhatsAppWhatsApp (Pixabay Image)

After divorce on WhatsApp, Kerala woman pleads for help

Oneindia.com
Sunday, October 11, 2015
Thiruvananthapuram, Oct 11: Her husband divorced her using the messaging app WhatsApp. But she did not know anything about his whereabouts. …

Gavel
(Pixabay Image)

No alimony if woman divorced over adultery, HC rules    Timesofndia.indiatimes.com
Aug 17, 2015
MADURAI: A woman divorced on the ground of adultery cannot claim maintenance from her ex-husband, the Madras high court has ruled. …

SC: Right to maintenance of a wife absolute, Section 125 of CrPC applicable on divorced women   Timesofndia.indiatimes.com 
Apr 7, 2015
NEW DELHI: The Supreme Court on Monday said the right to maintenance of a wife was absolute and no exceptions could be made, ruling that Section 125 of the Code of Criminal Procedure, which embodies this rule, would apply to divorced Muslim women as well. …

Qualified woman can’t claim maintenance: Court   Timesofndia.indiatimes.com 
Mar 8, 2015 MUMBAI: A family court has observed that a well-qualified woman cannot claim maintenance from her husband. … 

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