1. Guardians and Wards Act, 1890: GWA 1890 2. Hindu Minority and Guardianship Act, 1956: HMGA 1956
Bare Acts relating to maintenance
The following acts cover various acts to cover maintenance to wife/children under various civil and criminal sections: 1. Hindu Marriage and Adoptions Act, 1956 (HAMA 1956)Read Sec 18-28 related to maintenance to wives and children: HAMA 1956 2. Hindu Marriage Act 1955 (HMA 1955)Read Sec 24-25 regarding maintenance pendente lite and permanent alimony: HMA 1955 Also, Sec 26 covers for custody, maintenance, and education of minor children. 3. CrPC 125 for maintenance for wife, children, parents. 4. Muslim personal laws and CrPC 125 applicability are explained here: http://www.crisp-india.org/laws/59-maintenance-acts.html
Mediation – what it means and what it entails
Mediation is a customary procedure ordered by family courts for civil suits relating to family law like divorce, child custody etc. The idea of mediation is to allow parties to dispute to sort out their issues between themselves without going through court procedures. All parties to mediation — mediator, petitioners, respondents, and their lawyers are expected to work towards that goal. Following is a brief explanation of procedure of mediation. 1. Mediation date and time is given by court to both parties – husband and wife parties. On the date of mediation both are expected to appear in Mediation centre …[Continue Reading]
Favourable HC judgment relating to children and NRIs
Finally a favourable judgment to law abiding NRIs having children. A Delhi HC has ordered a child with UK passport to be produced before UK courts as ordered by UK court. The mother’s plea that it is not in best interest of child did not hold water with high court. The high court has said that since child was brought to India with father’s consent and understanding to return to UK, that must be done to begin with. Child with foreign passport cannot overstay in India
Visitation rights – 1
Below Delhi HC judgment lays down following important points in determining child custody and visitation rights: http://mynation.net/docs/276-2003/ Excerpts from judgment in italics followed by my understanding and comments: It has been noticed that the Guardian Judge does not follow a uniform practice in this regard in that sometimes the parent who does not have the custody of the child is granted a meeting of a duration of one or two hours in a month, that too in the uncomfortable and uncongenial environment of the Court, while in other cases weekly visitation or access for several hours is ordered. From above …[Continue Reading]
NRIs having children beware of abusive spouse
According to recent SC judgment, a precedent has been created in favour of law-abusing NRI spouses. Matrimonial ‘offenders’ can’t be extradited: SC It is known fact that India is not signatory to Hague convention which means child custody orders in foreign courts are not of significance in India. This means that an Indian parent who ‘abducts’ own child in foreign country and brings to India can’t be touched by laws of adopted country. Even if she/he has foreign court orders against her/him the orders cannot be enforced or respected while in India. So all NRIs who have abusive spouse have …[Continue Reading]
Strategy for Child Custody for Men
The guide to child custody for men has to be evolved from practical and real-life cases of child custody. There are few judgments and references available unlike lot of material on maintenance, marriage etc. Update 27/07/2019: The core principle in child custody cases is Welfare of Child and any statutory laws are to be overridden with this principle, though how this principle is applied or interpreted in a particular case can vary and there are no standard guidelines or tests for the same as of now. Read this book to get a basic idea of child custody cases and decisions: …[Continue Reading]
Wife denied maintenance under CrPC 125 since she had income earlier
In this case from West Bengal, wife was denied maintenance under CrPC 125 since she had good income earlier and could not give any reasons why she was unable to maintain herself now. Maintenance was denied and court also mentioned the principle of “clean hands” with which party seeking relief has to approach the court. PDF of judgment at link below: rajesh-motwani-maintenance-denied-crpc-125 Main excerpt from judgment is given below: It is a settled principle of law that a party seeking relief must come before the court in clean hands. The petnr could have stated that she earlier had the source …[Continue Reading]
Judgment Delhi court:No maintenance to qualified wife under 24 HMA
This 2007 judgment of Delhi court had denied maintenance to wife under Section 24 of Hindu Marriage Act (HMA). Basically she failed to disclose her own qualifications and that could be construed as coming with “unclean hands” in front of court. As of now, Delhi has a mandatory disclosure of income/expense/asset/liabilities affidavit for all cases filed in family court. Important grounds on which maintenance was rejected: In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking …[Continue Reading]
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