It is possible according to this case in Delhi: Woman to pay alimony to sick husbandNow in above case the application for alimony was made by wife and not husband. However based on merits of case the court decided that it was the ill husband who was without any means to support himself or take care of his illness, and so he was granted Rs 500 / month as alimony from wife.Is it legal? Yes it is! The Hindu Marriage Act (HMA) 1956 clause 24 says this for maintenace during divorce proceedings:24. Maintenance pendente lite and expenses of proceedings.- Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the … [Read more...] about Husband can get maintenance from wife
Family Law
No provision to return marriage expenses to bride
Refer to judgment at link below. Interestingly, marriage was nullified in this case within 1 year of marriage on grounds of epilepsy of wife. Family court says no provision to return marriage expenses.http://indiankanoon.org/doc/462782/Another judgment below, this is about genuine fraud committed on wife/family. The award was 1 lakh instead of 15 lakh demanded by wife.Wife demands 15 lakh, gets Rs 1 lakh compensation for husband/party not disclosing his impotence before marriage … [Read more...] about No provision to return marriage expenses to bride
Bare Acts relating to child custody, guardianship, visitation etc
1. Guardians and Wards Act, 1890: GWA 18902. Hindu Minority and Guardianship Act, 1956: HMGA 1956 … [Read more...] about Bare Acts relating to child custody, guardianship, visitation etc
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 19562. Hindu Marriage Act 1955 (HMA 1955)Read Sec 24-25 regarding maintenance pendente lite and permanent alimony: HMA 1955Also, 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 … [Read more...] about Bare Acts relating to maintenance
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 of the court premises.2. Mediation is conducted/moderated by an expert who is a lawyer by training and does it pro-bono, i.e, without financial remuneration.3. Mediation process once … [Read more...] about Mediation – what it means and what it entails
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 … [Read more...] about Favourable HC judgment relating to children and NRIs