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DIVORCE/MAINTENANCE: Woman can’t evict hubby just because she pays EMI: Court; Court says refusing to pay for jobless estranged wife an abuse …

Woman can’t evict hubby just because she pays EMI: Court
Court says refusing to pay for jobless estranged wife an abuse
File affidavits of assets, income during divorce proceedings, directs HC
Wife’s pubbing not cruelty, so no divorce: Bombay HC
False dowry charge ground for divorce, Supreme Court rules
US oil tycoon coughs up $1 billion in America’s costliest divorce
False charges of infidelity equal cruelty: Court
Court: Many hide pay for alimony
Wife calls spouse ‘hijra’, court grants him divorce

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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. ——————————————————————————————–

Woman can’t evict hubby just because she pays EMI: Court   Timesofndia.indiatimes.com
Feb 14, 2015
MUMBAI: A family court on Monday rejected a wife’s interim plea seeking her estranged husband’s removal from their Lokhandwala flat where she stays with him and their child, just because she pays the EMI (equated monthly installment to repay home loan). …

Court says refusing to pay for jobless estranged wife an abuse   Timesofndia.indiatimes.com
Feb 09, 2015
NEW DELHI: Refusal to maintain an estranged wife who has no source of income amounts to economic abuse, a Delhi court said recently. …

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File affidavits of assets, income during divorce proceedings, directs HC    Indianexpress.com
January 24, 2015
Hiding your assets and income from the court during divorce or maintenance proceedings will now be difficult with the Delhi High Court issuing directions that both the husband and the wife have to file detailed affidavits of income, assets and expenditure at the time of filing for divorce or maintenance petitions. …

Wife’s pubbing not cruelty, so no divorce: Bombay HC   Timesofndia.indiatimes.com
Jan 9, 2015
MUMBAI: A Wadala resident’s bid to get divorce on grounds of cruelty by alleging that his wife, a businesswoman and resident of Pedder Road, liked to visit pubs and neglected their child and they had fights during their honeymoon failed in the Bombay high court. …

False dowry charge ground for divorce, Supreme Court rules    Timesofndia.indiatimes.com
Nov 24, 2014
NEW DELHI: If a woman’s complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled. …

US oil tycoon coughs up $1 billion in America’s costliest divorce   Timesofndia.indiatimes.com
Nov 12, 2014
WASHINGTON: From an entirely male perspective on the matter of divorce, the late Robin Williams put it coarsely, saying the word, derived from Latin, means, ”to rip out a man’s genitals through his wallet. …

False charges of infidelity equal cruelty: Court    Timesofndia.indiatimes.com
Oct 25, 2014
MUMBAI: Observing that making false accusations of infidelity and humiliating a person on the basis of this amounts to cruelty, a family court has granted divorce to a deputy municipal commissioner, whose wife falsely accused him of having an affair with a fellow officer’s wife. …

Court: Many hide pay for alimony    Timesofndia.indiatimes.com
Oct 4, 2014
NEW DELHI: A trial court has expressed concern over the increasing instances of people concealing their actual incomes while seeking maintenance from their estranged partners. The court made the observation while denying maintenance to a woman, saying she was educated enough to fend for herself. …

Wife calls spouse ‘hijra’, court grants him divorce    Timesofindia.indiatimes.com
Sep 7, 2014
MUMBAI: Two cases in the family court have shown how all-encompassing ‘mental cruelty’ can be in divorce matters. A husband called a ‘hijra’ by his wife for his inability to appease her in bed and a woman whose husband often deliberately switched off the fan in her room both got divorce from their spouses recently, with the woman in the second case getting a Rs 10 lakh alimony. …

Court grants man divorce over wife’s demand for excessive sex   Financialexpress.com
Aug 31 2014
A man, who sought separation from his wife alleging that she was aggressive and autocratic with an insatiable appetite for sex, was granted divorce by a family court here. …

Not allowing wife to wear jeans amounts to cruelty, court rules    Timesofndia.indiatimes.com

Jun 29, 2014
MUMBAI: Objecting to wife wearing kurta and jeans and forcing her to wear saree amounts to cruelty inflicted by husband and can be a ground to seek divorce, a family court here has ruled. …

HC delivers justice to ‘childless’ woman  Timesofndia.indiatimes.com
May 11, 2014
CHENNAI: Slamming the myth that infertility is a woman’s problem and the ostracization and ridicule suffered by childless women, the Madras high court has said the most inhuman insult that can be heaped on such a woman is her husband marrying again. … 

Supreme Court fines wife Rs 25,000 for going back on divorce terms  Timesofndia.indiatimes.com
May 4, 2014
MUMBAI: The Supreme Court has fined a woman Rs 25,000 for changing her mind after agreeing to a divorce by mutual consent and for seeking to transfer a case from Ajmer to Mumbai. …

Well-paid wife can’t seek maintenance: Court  Timesofndia.indiatimes.com
Apr 27, 2014
NEW DELHI: A trial court has dismissed a woman’s plea seeking residential maintenance from her estranged husband observing that no financial assistance can be provided to a woman if she earns as much as her husband. …

Children born of live-in relationships are legitimate, Supreme Court says  Timesofndia.indiatimes.com
Apr 24, 2014
NEW DELHI: Giving an important clarification on live-in relationships, the Supreme Court has said that if a man and woman “lived like husband and wife” for a long period and had children, the judiciary would presume that the two were married. …

Refusal to have sex during honeymoon is not cruelty: Bombay high court Timesofndia.indiatimes.com
Mar 9, 2014
MUMBAI: Refusal to have sex with a life partner during honeymoon does not amount to cruelty, the Bombay high court has ruled while setting aside a family court judgement dissolving the marriage of a couple on this ground. … 

No divorce as estranged couple still had sex, Bombay high court rules   Timesofndia.indiatimes.com
Mar 5, 2014
MUMBAI: A Malad resident’s plea for divorce from his doctor wife who had left her matrimonial home 16 years ago was thrown out by the Bombay high court after it came to light that the couple was having a sexual relationship even while the husband’s plea for separation was pending. …

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