This recent news about making "irretrievable breakdown of marriage" a ground for divorce has led to many people talking about how beneficial it will be for the separated couples who cannot get divorce under Hindu Marriage Act as it currently exists. The only problem is the definition of irretrievable breakdown of marriage. Most likely, it will not be granted for less than 5 years of separation. Then again, it will be need to be proved to the satisfaction of the court. Given the time taken by Indian courts, who is to say how many more years it might take once a divorce application is filed on this new proposed ground. http://timesofindia.indiatimes.com/india/Govt-to-consider-making-it-easier-to-get-divorce/articleshow/6029884.cms NEW DELHI: Sparring couples may now have a way out … [Read more...] about Divorce made easier, or rather possible – but watch out!
Bombay High Court (when will they switch to calling themselves Mumbai HC, next century?) has decided that 6 months waiting period in mutual consent divorce under Sec 13 of HMA is not required if a divorce petition between couple was already pending in court and was converted to mutual consent divorce. http://timesofindia.indiatimes.com/india/Divorce-cases-HC-says-scrap-6-month-cool-off-period/articleshow/5695938.cms The case pertained to a couple married under the Hindu Marriage Act in 2005, who had lived together for a year before separating. The husband then filed for divorce a year later. Both traded charges of cruelty and harassment, but soon agreed to bury the hatchet and withdrew their allegations. In December 2009, they filed consent terms for a mutual divorce plea and sought a … [Read more...] about Mumbai HC waives 6 month waiting period in mutual divorce
From recent news below, it is clear that in case of marriage and residence of a couple abroad, when jurisdiction of foreign country’s courts apply in matter of family law; it is incorrect on part of an Indian court to try out a family law matter. http://www.indianexpress.com/news/lower-courts-cant-judge-child-custody-battle-for-nris-rules-high-court/588981/2 But following marital discord, Shweta came to Delhi in June 2008 with their child and decided against returning to her “abusive” husband. In Delhi, she filed a custody petition before a city court to get the child’s custody. Sunil, on the other hand, filed a child custody petition in the Superior Court of California in August 2008. A confounding situation arose when the Californian court passed an interim order, granting … [Read more...] about Foreign courts’ jurisdiction cannot be denied in family cases
First you should thank the farsighted lawmakers of yore who made the Section 24 (maintenance during litigation) and Section 25 (maintenance or permanent alimony after divorce) of HMA (Hindu Marriage Act, 1955) gender neutral. What that means is that anyone of the needy parties can claim maintenance from the other. Now read the news below and get inspired to change the world, one step at a time. http://www.deccanchronicle.com/chennai/man-wants-rs-25-lakh-ex-wife-448 Chennai Nov. 21: In an unusual case, a 43-year-old civil engineer has approached the family courts here seeking alimony Rs 25 lakh from his ex-wife, an assistant professor at a reputed university, whom he had divorced a year ago. In his petition, Mr Kalaiselvan, claimed that he had lost his lucrative job in Kuwait … [Read more...] about How to claim maintenance from wife?
Delhi High court has recently said in a judgment that warring spouses in a dispute cannot drag other family members into the family court. It is about time that such a decision was delivered since a cottage industry of clueless lawyers is taking advantage of gullible people by promising them what is not possible under law. Read the news below (emphasis added is mine): http://www.dnaindia.com/india/report_don-t-go-to-family-courts-for-in-laws-property-hc_1338107 Except for warring spouses, no relative can be dragged to a family court (FC) and the forum won’t entertain claims on property owned by in-laws. In a significant judgment on Thursday, the Delhi high court explained the role and powers of FCs. It also made clear whether a daughter-in-law [in one case] has rights over a … [Read more...] about Don’t go to family courts for in-laws’ property: Delhi HC
Justice S N Dhingra of Delhi High Court gives a judgment which bars a woman who was having a prior mutually agreed divorce settlement from filing a fresh maintenance case on husband. The interesting part is that court slapped a fine of Rs 10,000 on the woman for filing a frivolous and vexatious case. See news below: http://www.prokerala.com/news/articles/a110246.html The Delhi High Court Monday slapped a fine on a woman for contempt, taking serious note of the fact that she had concealed she was employed and continued to claim maintenance from her husband, and filed cases against him despite an undertaking to court. Justice S.N. Dhingra slapped a fine of Rs.10,000 on Manjit Kaur for concealing the facts from the court and violating the undertaking she gave in another court in … [Read more...] about Delhi High Court slaps fine for vexatious maintenance case on already divorced woman