http://timesofindia.indiatimes.com/india/Be-creative-end-alimony-delays-Madras-high-court/articleshow/39971242.cms Passing orders on a petition filed by Anita, who said her husband Mahaveer Sancheti had defaulted on payment of monthly alimony of 10,000 since 2011, Justice S Vimala said in an order on Tuesday that courts should not do three things while handling such cases. One: They could not remain a mute spectators, merely recording the fact that maintenance amount had not been given. Two: They could not ask the wife to file a new execution petition, as it would give the husband some more opportunity to drag proceedings. Three: They should not grant innumerable adjournments, so that the wife is unable to realise the maintenance amount. Fact 1: Family courts in India are places where … [Read more...] about Chennai HC explains the ‘secrets’ of how family courts (don’t) work in India
HC Judgment
Delhi HC directs women to file affidavit of income, expenditure, assets, liabilities at time of filing divorce petition and HMA 24
According to this Oct 2014 judgment of Delhi HC, it is mandatory now in Delhi for anyone filing divorce petition and claiming interim maintenance under Section 24 of Hindu Marriage Act (HMA), to submit affidavit disclosing income, expenditure, assets, liabilities. Justice J R Midha who issued this judgment was also behind the 2011 judgment which gives format of affidavit of income, assets etc. in another HMA 24 case. http://indianexpress.com/article/cities/delhi/high-court-wants-divorce-cases-disposed-of-in-6-months/ Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by … [Read more...] about Delhi HC directs women to file affidavit of income, expenditure, assets, liabilities at time of filing divorce petition and HMA 24
Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
The linked judgment below of Karnataka High Court below says that if the order under PWDVA (Protection of Women from Domestic Violence Act, 2005) is not an ex-parte order, then even to grant interim relief to the petitioner (wife), the court must conduct an inquiry as would be required in a CrPC summary trial, that is, summons case. This means that husband will be allowed to give his basic evidence etc and any order will be passed only after that. The judgment is available only in scanned PDF format, so text cannot be extracted. Link to PDF below: Krishna Murthy Nookula vs Y Savitha - Karnataka HC Judgment (PDF) Case Number: CRL.RP 815/2009 Judge(s): JAWAD RAHIM Petitioners: KRISHNAMURTHY NOOKULA Respondents: SAVITHA Y Date of Judgment: 9-Dec-2009 Bench: … [Read more...] about Interim relief under DV Act cannot be granted without conducting inquiry as per CrPC summons case – Karnataka HC
No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
I think this is a very important judgment about grant of any kind of monetary relief including maintenance to wives under Protection of Women from Domestic Violence act. It says that unless the domestic violence alleged in the complaint is proven, no relief can be granted under Section 20 of the DV Act which grants monetary relief. So bye bye to those complaints where wife says “I was not given food”, “I was locked in the bathroom” and the standard template of DV allegations. Let them prove their allegations, or find a real job rather than filing cases on husbands and living life like parasites! Note that this was on disposal of the main DV petition, so even if interim monetary relief is granted, keep fighting the main petition and get your maintenance amount to zero. Important … [Read more...] about No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved – Mumbai HC
Wife not entitled to stay in or claim her father-in-law’s house using DV Act
Delhi is well-known, or shall we say notorious, for property disputes filed by women against in-laws, under the garb of Domestic Violence Act (DV Act) etc. There have been many judgments in the past including the well-known SC judgment of Batra vs Batra which clarified that mother-in-law’s house couldn’t be claimed to be shared household under DV Act by daughter-in-law. In this recent Delhi HC judgment, the high court has rejected claim of a 498a/DV wife (what else do we call them!) who had forcibly entered and was staying in few rooms of her father-in-law’s house. The house was in father-in-law’s name and acquired from his own funds. This judgment has referred to Batra vs Batra SC judgment as well as other judgments of Delhi high court related to woman’s claim to in-laws property, … [Read more...] about Wife not entitled to stay in or claim her father-in-law’s house using DV Act
6 month child custody in an year to both father and mother: Karnataka HC
In a landmark judgment related to child custody, Karnataka high court has allowed father to have custody of his son for first 6 month of the year, and the next 6 months with the mother. One of the reasons behind the decision was that the father has fought for custody for eight years, so he must love his son very much. Very well but maybe courts need to evolve more sensible and humane criteria than the amount of time a father has spent in courts to ascertain how much father loves his child. It should be a presumption unless proven otherwise. Excerpted: 21. The records clearly disclose that the respondent is also having utmost love and affection towards his son. From the last eight years, he is litigating for is son, which shows that he has great love and affection for him. And … [Read more...] about 6 month child custody in an year to both father and mother: Karnataka HC