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DIVORCE/MAINTENANCE NEWS
Separated at 21 months, SC gives girl’s custody to mother
Delhi High court sets aside ‘mechanical’ award of maintenance to wife
Hindus get 90 days to appeal family court divorce decree
Man can seek wife’s test to show they never had sex: Bombay HC
Weird reasons cited by couples for divorce
No alimony if woman divorced over adultery, HC rules
SC: Right to maintenance of a wife absolute, Section 125 of CrPC applicable on divorced women
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* Consideration for promotion a fundamental right. – SC Judgment dated 09.01.2014 – Major General H.M. Singh, VSM Vs. Union of India and Anr.
* The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law – SC Judgment dated 05.09.2013 – Union of India & Ors. Vs. B.V. Gopinath
* The Court or police/CBI cannot impound a passport. – SC Judgment dated 24.01.2008 – Suresh Nanda Vs. C.B.I.
- A practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25. – SC Judgment dated 09.02.2015 – Khursheed Ahmad Khan Vs. State of U.P. & Ors. (Second marriage during the currency of first marriage)
- The amended definition of the expression “NPA” under Section 2(1)(o) of the SARFAESI Act is constitutionally valid. – SC Judgment dated 28.01.2015 – Keshavlal Khemchand and Sons Pvt. Ltd. Vs. Union of India & Others
- Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of section 503 of IPC. But material has to be placed on record to show that the intention is to cause alarm to the complainant. “…in exercise of its jurisdiction under Section 482 Cr.P.C., the court should be extremely cautious to interfere with the investigation or trial of a criminal case and should not stall the investigation, save except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of offence and that continuance of the criminal prosecution would amount to abuse of process of the court.” – SC Judgment dated 20.01.2015 – Manik Taneja & Anr. Vs. State of Karnataka & Anr.
- Once the Labour Court has exercised the discretion judicially, the High Court can interfere with the award, only if it is satisfied that the award of the Labour Court is vitiated by any fundamental flaws. – SC Judgment dated 14.01.2015 – K.V.S. Ram Vs. Bangalore Metropolitan Transport Corp.
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. …
If 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. …
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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”. …
WhatsApp (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. …
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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