Family Law; Shivram Dodanna Shetty Vs. Sharmila Shivram Shetty [Bombay High Court, 01-12-2016]

For an appeal filed under sub-section (1) of Section 19 of the Family Courts Act, 1984, period of limitation prescribed under sub-section (4) of Section 28 of the Hindu Marriage Act, 1955 shall apply.

Family Law; Sejalben Tejasbhai Chovatiya Vs. State [Gujarat High Court, 20-10-2016]

Criminal Procedure Code, 1973 – Section 125 – Maintenance – Wife suppressed her true income – not stated the correct facts on oath – often it is found that the litigants coming before the Court chose to speak blatant lies and do so with complete impudence – Laws which are otherwise in favour of the […]

Whether Divorced Wife Continues to Enjoy Status of Wife for the Purpose of Claiming Maintenance

Divorced Wife under Section 125 Cr.P.C.: In case of Rohtash Singh V/s. Smt.Ramendri & Ors., reported in AIR 2000 SC 952 more particularly Para.8, 9 and 11 which reads, thus; “8. Admittedly, in the instant case, the respondent is a divorced wife. The marriage ties between the parties do not subsist. The […]

Family Law; Sujit Kumar Vs. Vandana [Delhi High Court, 08-08-2016]

Hindu Marriage Act, 1955 – Section 24 – object of – Maintenance pendente lite – factors to be taken into account – The Court while considering the merits of an application for grant of an interim maintenance under Section 24 has to necessarily arrive at primafacie determination about the earning capacity of the rival […]

Divorce by Mutual Consent; A.C. Mathivanan Vs. B. Sathyabama [Madras High Court, 03-08-2016]

Hindu Marriage Act, 1955 – S. 13-B – Divorce by mutual consent – parties have not mentioned the reasons for their separation – Held, Once it is convinced that it would not be possible for the parties to live together and that they have opted to dissolve the marriage peacefully, the endeavour of the Court must be […]

Family Law; Acj Vs. Rj [Delhi High Court, 23-05-2016]

Protection of Women from Domestic Violence Act, 2005 – Section 12 – Hindu Marriage Act, 1955 – Section 13(1)(ia) – dissolution of marriage against wife on the ground of cruelty – filling of false criminal complaints against a spouse amounts to cruelty – Though the proceedings under the Domestic Violence Act, 2005 […]

Family Law; Yunus Vs. Jaseera [Kerala High Court, 14-12-2015]

Family Law – Practice and Procedure – Interim Applications – dismissed solely on the ground that the date of decree was not correct – Held, the dismissal of the interim applications solely based on a technicality with respect to discrepancy in the date of decree mentioned, cannot be sustained. IN THE HIGH […]

Matrimonial Dispute; It would be inappropriate to expect outsiders to come and depose

The Supreme Court of India on July 4, 2012 in Vishwanath S/o Sitaram Agrawal Vs. Sau. Sarla Vishwanath Agrawal held that in a matrimonial dispute, it would be inappropriate to expect outsiders to come and depose. The family members and sometimes the relatives, friends and neighbours are the most natural witnesses. Matrimonial […]