I read with interest the news item reported in DNA Mumbai, esp. the headline which is so deceptive. The headline says - Short marriage, small alimony http://www.dnaindia.com/mumbai/report_short-marriage-small-alimony_1336414 Well, here is my take on this deceptive, putting wool over the eyes of public kind of news headline. The news says: A wife of two and a half months wanted her separated husband to bear the expenses of her higher education in the US. The Bombay high court said no. The court refused to enhance the interim maintenance for the woman, a Pune-based dentist. So far so good… we are on track, I mean you got married for 2.5 months and now want spouse to bear your US education expenses? Further… Tina and Nitin (names changed) got married on May 5, 2007 … [Read more...] about Have a short marriage, and screw husband for life!
Family Law
Principles and procedures in deciding maintenance under HMA 24
This Delhi High Court(HC) judgment talks about the fact that if wife withdrew large sums of money from joint account of husband, which could not be accounted for in household expenditure; then trial court was not correct in award of maintenance amount without taking this fact into consideration. The case was sent back to trial court to take into account this crucial fact.--------------------------------------------------------------------IN THE HIGH COURT OF DELHI AT NEW DELHISUBJECT : SECTION 13(1)(I)(A) OF THE HINDU MARRIAGE ACTCM(M) No.367/2007RESERVED ON : 02-04-2007DATE OF DECISION: 17-04-2007Alok Kumar Jain ....... Petitionerthrough: Mr.Sandeep Sethi, Sr. Adv. withMr.Anshu Mahajan, Adv.VERSUSPurnima Jain ........ Respondentthrough: Mr.Harish Malhotra, Sr. Adv. withMr.Tanuj Khurana, … [Read more...] about Principles and procedures in deciding maintenance under HMA 24
Marriage expenses cannot be returned to wife/in-laws
Here is a judgment of Mumbai High court which says that there is no provision in law for return of marriage expenses. The said judgment is in context of a nullified marriage on grounds of epilepsy of wife which was not disclosed before marriage. However, it seems clear from judgment that no provision exists in law for return of marriage expenses in case of divorce either.http://indiankanoon.org/doc/462782/Full text of the judgment with relevant sentences in bold follows: Equivalent citations: AIR 2005 Bom 62, 2005 (1) BomCR 591, 2004 (4) MhLj 1052 Bench: S Mhase, R Mohite Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar on 15/9/2004JUDGMENT S.B. Mhase, J. 1. This appeal is directed against the Judgment and Order passed in … [Read more...] about Marriage expenses cannot be returned to wife/in-laws
Threat of suicide can be ground for divorce under mental cruelty
http://timesofindia.indiatimes.com/india/Suicide-threats-amount-to-cruelty-can-be-a-divorce-ground-HC/articleshow/5404502.cmsMUMBAI: Repeated attempts to commit suicide as well the threats to commit suicide could amount to "cruelty", and it can very well be a ground for seeking divorce, the Bombay High Court has held.The family court in Pune granted divorce to Varsha and Prakash (both names changed) on the application made by Prakash in 2002, against which Varsha had filed appeal.Both had been living separately for the last seventeen years.Prakash's application for divorce was on the ground that his wife was temperamental, she frequently fought with him, and threatened to commit suicide.In her statement before the family court, Varsha admitted that she had, in fact, attempted suicide … [Read more...] about Threat of suicide can be ground for divorce under mental cruelty
Thrown out spouse can get divorce based on desertion under Hindu marriage act
Below Mumbai HC judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as defined under Hindu marriage act (HMA) 1955.What constructive desertion in this case means is that if one spouse throws the other out of house, then the other spouse can get divorce on grounds of desertion by first spouse. Now, even though on the face of it, it seems as if second spouse was the one who has deserted the first. Easy to understand? This one is suited for legal minds! Below the full judgment:------------------------------------------------------------IN THE HIGH COURT OF JUDICATURE AT BOMBAYAPPELLATE SIDEFAMILY COURT APPEAL NO.204 OF 2007Mrs. X : AppellantVs.Mr. Y : Respondent...Mr. M. P. … [Read more...] about Thrown out spouse can get divorce based on desertion under Hindu marriage act
Allegations by wife only after proved false can be deemed cruelty for divorce
From this recent Punjab and Haryana HC judgment, the court is of opinion that mere filing of criminal case by woman does not amount to cruelty for purpose of granting divorce to husband. Basically it is only after prosecution is in progress and evidences given to disprove allegations that cruelty can be established.http://indiankanoon.org/doc/439871/ Learned counsel for the appellant also contended that theregistration of FIR Ex.P.6 under sections 406/498-A/323/506 IPC itself amountsto cruelty because false allegations have been levelled in the complaint. Thisplea again deserves to be noticed to be rejected as the criminal case is stillpending and it is yet to be determined whether the allegations are correct orfalse. Filing of complaint by a wife to redress her … [Read more...] about Allegations by wife only after proved false can be deemed cruelty for divorce