DIVORCE/MAINTENANCE NEWS

Man says can’t pay wife, court allows wheat, rice, ghee & pulses as interim maintenance
Court orders man to donate sperm to estranged wife, who says no time for 2nd marriage
Divorced wife entitled maintenance allowance till she gets married again:HC
Brother-in-law Can Also be Ordered to Pay Alimony Under Domestic Violence Law, Rules SC
Maintenance to Estranged Wife is for Survival, Not a Bounty, Says Delhi High Court
More …

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Man says can’t pay wife, court allows wheat, rice, ghee & pulses as interim maintenance

Theprint.in
July 18, 2019
New Delhi: The Punjab and Haryana High Court has allowed a man to provide rice, sugar, ghee, pulses and wheat every month to his estranged wife instead of paying her an interim maintenance. …

Court orders man to donate sperm to estranged wife, who says no time for 2nd marriage

Theprint.in
27 June, 2019
New Delhi: A family court in Maharashtra has granted a woman’s plea to have a second child with her estranged husband by directing him to donate his sperm for IVF, which could kick-start a debate over the gender question in reproductive rights.
The order of the Nanded court came two years after the husband sought divorce from the woman on the grounds of cruelty, while the wife has filed a complaint against him under Section 498A (cruelty by a husband or his relatives) of the IPC. …

Divorced wife entitled maintenance allowance till she gets married again:HC

Timesofindia.indiatimes.com
June 03, 2019
BHOPAL/JABALPUR: A single-judge bench of MP high court has ruled that a divorcee is entitled to maintenance allowance from her former husband so long as she doesn’t get married again. …

Brother-in-law Can Also be Ordered to Pay Alimony Under Domestic Violence Law, Rules SC

News18.com
May 26, 2019
New Delhi: The Supreme Court has held that even a brother-in-law can be ordered to pay maintenance to a woman under the domestic violence law.
According to a bench headed by Justice DY Chandrachud, there is no immunity to any “adult male person” if he happens to be in a domestic relationship with the aggrieved complainant. …

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Maintenance to Estranged Wife is for Survival, Not a Bounty, Says Delhi High Court

News18.com
May 20, 2019
New Delhi: Maintenance awarded to an estranged wife is for her survival and should not be seen as a “bounty”, and it has to be given from the date of her application, the Delhi High Court has held.
The court order came while dismissing a man’s plea challenging a trial court’s May 2017 order directing him to pay an interim maintenance of Rs 40,000 to his estranged wife from the date of filing of the application — March 2014. …

Husband need not maintain wife who has means of living: Session’s court

Dnaindia.com
Oct 22, 2018
A wife who has her own means of living, need not to be maintained by her husband, says Session’s court.
The Session’s court while deciding on a an appeal application filed by a husband against the orders passed by the Magistrate court where it had asked the man to pay an interim maintenance amount to his wife, the appellant court held that in a case where the wife is having her own means of living, there is no requirement to provide her with an interim maintenance. The court was hearing the appeal filed by a 35 year old Nalasopara based man against his estranged wife. The man had filed an appeal against the orders which were passed by the Vikhroli Metropolitan magistrate court in favor of his wife. …

Supreme Court waives 6-month cooling-off period for divorce, allows couple to part ways ‘as friends’

Timesnownews.com
Sep 30, 2018
New Delhi: The Supreme Court used its extraordinary power under Article 142 of the Constitution and permitted a couple to part ways after waiving the mandatory six-month cooling-off period for divorce. The SC bench, including Justices Kurian Joseph and SK Kaul, dissolved the marriage after being convinced that the couple has taken a “conscious decision to part as friends”. … …

Calling wife ‘kali kaluti’ ground for divorce: Punjab and Haryana HC

Timesofndia.indiatimes.com 
May 30, 2018
CHANDIGARH: Think twice before you taunt your wife with ‘kali kaluti’ next time. The Punjab and Haryana high court has allowed a woman from Mahendergarh in Haryana to divorce her husband on the ground of maltreatment and cruelty. The court accepted her plea that she was compelled to stay away from her husband because he would often taunt her about her skin colour in front of other people for not preparing food for him. …

Wife has the right to know husband’s salary details: MP High Court

Dnaindia.com
May 27, 2018
A woman had the right to know the remuneration of her husband, the Madhya Pradesh High Court has observed.
A High Court bench of Justices SK Seth and Nandita Dubey made the observation while hearing the petition of Sunita Jain who had sought a higher maintenance amount from her estranged husband claiming that he was a senior officer with state-run BSNL. …

A housewife too is busy, can’t deny her air fare: HC

Timesofndia.indiatimes.com 
May 2, 2018
BENGALURU: The Karnataka high court has observed that a “housewife is as busy as a professional”, while rejecting the petition of a Bengaluru man, who refused to pay his estranged wife’s flight expenses, saying she has enough “free time to travel by train.” …

Unmarried daughter who is above 18 can claim maintenance from father: High Court

Economictimes.indiatimes.com
Apr 07, 2018
MUMBAI: An unmarried daughter is entitled to claim maintenance from her father even after attaining the age of 18 if her parents are divorced or estranged, the Bombay High Court has ruled.
Also, a woman can file an application on behalf of her major daughter to seek maintenance, Justice Bharti Dangre ruled yesterday. …

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.

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. …

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. …

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

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

If couple wants divorce, courts cannot ask for reasons, says HC

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

Weird reasons cited by couples for divorce