Family, Marriage & Divorce Archives - Page 3 of 8 - Lawwatch : Legal Resources for Advocates

Maintenance Not to be Granted Without Considering Affidavit on Assets & Liabilities

By K Rajasekharan 9 May 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

The Supreme Court (SC), in Aditi Alias Mithi v Jitesh Sharma [2023 INSC 981 ] directs the courts in India to follow the detailed guidelines issued by it in Rajnesh v Neha & Another [(2021) 2 SCC 32], including filing of the uniform format of Affidavit for Disclosure of Assets and Liabilities, in maintenance proceedings.

Wife can Claim Maintenance Despite having Compromise Agreement

By K Rajasekharan 15 April 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

The Kerala High Court in xxx v yyy 2nd February 2023 says a wife is eligible for maintenance under Section 125 of CrPC even if there is an agreement by which a wife waives her right of maintenance. This is because such an agreement is against public policy. Therefore, such an agreement is ab initio void and not enforceable.

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

By K Rajasekharan 10 April 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

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.

Mutual Consent Divorce under Section 13B of the Hindu Marriage Act

By K Rajasekharan 6 April 2025Family, 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.

No Sex & No Care by Husband May Lead to Divorce

By K Rajasekharan 30 March 2025Family, 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.

In a Case for Return of Gold, the Wife has Initial Duty to Prove Entrustment

By K Rajasekharan 7 March 2025Family, 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].

Wife doesn’t Deserve Alimony Equal to that of Husband’s Wealth

By K Rajasekharan 20 December 2024Family, 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.

Principles on Granting Permanent Alimony: SC Guidelines

By K Rajasekharan 18 December 2024Family, 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.

SC again Cautions on the Misuse of 498A of IPC for Personal Vendetta

By K Rajasekharan 12 December 2024Code of Criminal Procedures (CrPC), 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].

Husband cannot Pledge Wife’s Gold without her Consent

By K Rajasekharan 5 November 2024Family, 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 ].