Family Law/Matrimonial Cases
Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court
The Rajasthan High Court held that continuation of proceedings against ex-husband and his family by the ex-wife even after receiving a lumpsum amount of Rs. 20 lakhs as alimony and procuring a decree of mutual divorce, amounted to abuse of the process of law. The bench of Justice Anoop Kumar Dhand observed that the matter indicated a reverse trend wherein the complainant-wife, despite...
'Cannot Be Made Family Court': Madras High Court Dismisses Woman's Plea To Stop Pension Benefits Of Husband Over Unpaid Maintenance
The Madras High Court recently dismissed a plea by a wife seeking to stop the disbursement of pensionary benefits and other service benefits to her husband over unpaid maintenance dues. Justice Mummineni Sudheer Kumar observed that the High Court could not be converted into an execution court or family court. The court observed that if the wife succeeded in her maintenance case against...
Supreme Court Lays Down Principles For Psychological Evaluation Of Children In Custody Disputes
The Supreme Court today laid down a set of broad principles for courts dealing with requests for psychological or psychiatric evaluation of children in custody, visitation and parental access disputes, holding that “minimum intrusion” into a child's life should be the norm and courts must remain sensitive to the risk of re-traumatisation.A bench of Justice Sanjay Karol and Justice N...
Professionally Active Wife's Plea Of Inability To Travel Doesn't Inspire Confidence: P&H High Court Declines Transfer Of Divorce Case
The Punjab and Haryana High Court has dismissed a transfer petition filed by a wife seeking transfer of a divorce case instituted by her husband from Amritsar to Hoshiarpur, holding that no sufficient ground or genuine hardship was made out to warrant such transfer.Justice Nidhi Gupta said, "Moreover, from the material placed on record, including photographs annexed by respondent No.1,...
Acquittal In Rape Case Doesn't Bar Scientific Determination Of Paternity : Supreme Court Upholds DNA Test Order
The Supreme Court recently held that a DNA test may be directed in a paternity dispute even where the alleged father was previously acquitted in a criminal rape case, observing that scientific evidence becomes indispensable when no other evidence can conclusively resolve the question of biological parentage. A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed...
MP High Court Grants Maintenance To Woman & Child; Draws Adverse Inference Against Man For Refusing DNA Test
The Madhya Pradesh High Court has awarded maintenance to a woman and her son after holding that an adverse interference could be drawn against a man who refused to undergo a DNA fingerprinting test sought to establish the child's paternity. The court observed that proceedings under Section 125 CrPC are welfare-oriented in nature and do not require strict proof of marriage as is necessary...
Delay In Challenging Family Court Orders In Matrimonial Disputes Is Fatal As Parties May Alter Marital Status: Kerala High Court
The Kerala High Court has observed that delay in challenging Family Court orders on matrimonial disputes, especially on dissolution of marriages, is fatal as parties may alter their marital status.A Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed:“In matrimonial disputes especially in the matters relating to dissolution of marriage, delay in...
Kerala High Court Directs Addition Of Father's Name In Birth Certificate Of Child Conceived Through IVF When Parents Were Living Together
In an exercise of its extraordinary powers under Article 226 of the Constitution of India, the Kerala High Court recently ordered for the addition of father's name in the birth certificate of a child born when parents were living together.Justice P.V. Kunhikrishnan was considering a plea by the parents of the child, whose birth certificate recorded only the mother's name but left the...
Hindu Minority & Guardianship Act | Supreme Court Explains Principles On S.8 Application By Guardian For Minor's Property
The Supreme Court on Wednesday (June 3) held that courts examining natural guardians' applications under Section 8 of the Hindu Minority and Guardianship Act, 1956 (HMGA) seeking the management of the minor's estate must undertake a realistic assessment of whether a proposed transaction offers an “evident advantage” to the minor, rather than rejecting such applications on technical...
Single Mother Can Apply For Child's Passport Without Father's Consent If Prescribed Declarations Are Filed: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that a single mother is entitled to apply for a passport for her minor child without the consent or signature of the father, provided the prescribed declarations under the Passport Rules are furnished.Under the Passport Rules, 1980, particularly Column 16 of the Guidelines for filling up passport application forms and Clause 4.8 of the...