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Family, Marriage & Divorce

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Wife holds Some Job is no Ground to Deny her Maintenance: HC

Posted by By K Rajasekharan 10 April 2025Posted inFamily, Marriage & Divorce
The Kerala High Court says, in Jayaprakash E P v Sheney P & Connected Case [2025:KER:5702], that even if the wife holds a temporary job and earns some income, it does not disentitle her from claiming maintenance from her husband, provided she claims that her income is insufficient for her maintenance.
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Mutual Consent Divorce under Section 13B of the Hindu Marriage Act

Posted by By K Rajasekharan 6 April 2025Posted inFamily, Marriage & Divorce
Mutual Consent Divorce is the quickest form of divorce for an irreparably broken marriage. It is the divorce sought and obtained from the family court by consenting spouses, preferably by filing a joint petition. Divorce is normally sought only when the husband and wife do not want to live together in a matrimonial relation any longer.
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No Sex & No Care by Husband May Lead to Divorce

Posted by By K Rajasekharan 30 March 2025Posted inFamily, Marriage & Divorce
In a judgement in xxx v xxx [2025:KER:25098], Kerala High Court ordered divorce on the ground of cruelty, specifically due to persistent neglect, lack of affection, and denial of conjugal rights without valid reasons which caused severe mental trauma to the spouse.
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In a Case for Return of Gold, the Wife has Initial Duty to Prove Entrustment

Posted by By K Rajasekharan 7 March 2025Posted inFamily, Marriage & Divorce
In a claim for return of gold ornaments and money, the wife has to initially prove the entrustment. Mere assertions, without any trace of evidence, are not sufficient to grant a decree by the family court, says the High Court of Kerala  (HCK) in Mohandas v Sunitha Mohandas [2024:KER:81527].
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In DV Act, the Party need not be Personally Present

Posted by By K Rajasekharan 4 March 2025Posted inFamily, Marriage & Divorce
The proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is basically civil in nature. Therefore there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature, says the SC in Vishal Shah v Monalisha Gupta & Others.
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Wife doesn’t Deserve Alimony Equal to that of Husband’s Wealth

Posted by By K Rajasekharan 20 December 2024Posted inFamily, Marriage & Divorce
A divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband, says the Supreme Court (SC) in Rinku Baheti Vs Sandesh Sharda [2024 INSC 1014]. The matrimonial proceedings to seek maintenance or alimony is being used as an attempt for equalisation of wealth with the other party.
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Principles on Granting Permanent Alimony: SC Guidelines

Posted by By K Rajasekharan 18 December 2024Posted inFamily, Marriage & Divorce
In Parvin Kumar Jain v Anju Jain [2024 INSC 961), the Supreme Court (SC) by relying on the judgements in Kiran Jyot Maini v Anish Pramod Patel and Rajnesh v Neha, outlines the factors regarding permanent alimony.
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SC again Cautions on the Misuse of 498A of IPC for Personal Vendetta

Posted by By K Rajasekharan 12 December 2024Posted inCriminal law, Family, Marriage & Divorce
The Supreme Court (SC) cautions about the tendency to misuse provisions like Section 498-A Indian Penal Code(IPC) as a tool for unleashing personal vendetta against the husband and his family in Dara Lakshmi Narayana & Others v State of Telengana & Another [2024 INSC 953].
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Husband cannot Pledge Wife’s Gold without her Consent

Posted by By K Rajasekharan 5 November 2024Posted inFamily, Marriage & Divorce
Husband was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent by the High Court of Kerala in Surendra Kumar v State of Kerala [2024: KER:76979 ].
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A Spouse not to do Surveillance on the Other

Posted by By K Rajasekharan 3 November 2024Posted inFamily, Marriage & Divorce
Law cannot permit or encourage snooping by one spouse on the other. Right to privacy is a fundamental right and it includes spousal privacy. Evidence obtained by invading the fundamental right to privacy of the spouse is inadmissible in the court, says Madras High Court in the judgement in R v B.
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Muslim Woman Can Seek Maintenance u/s 125 CrPC

Posted by By K Rajasekharan 13 July 2024Posted inCriminal law, Family, Marriage & Divorce
The Supreme Court (SC) says in a judgement in Mohd. Abdul Samad v State of Telangana & Another [2024 INSC 506] that the Muslim women are eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) and the religion neutral provision is applicable to all married women irrespective of their religion.
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Even if Plaint is withdrawn the Counterclaim will Remain

Posted by By K Rajasekharan 25 May 2024Posted inFamily, Marriage & Divorce
Withdrawal of an Original Petition for divorce, filed by the wife under Section 13(1) (ia) of the Hindu Marriage Act, 1955, does not automatically abate the counterclaim filed by the husband, says the High Court of Allahabad in Ishita Dua v Tarun Kumar Sharma [2024:AHC:79757-DB].
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