Delhi High Court had recently to explain to lawyers in a child custody/visitation case about their role and responsibility. Read the news below (emphasis shown is mine): http://www.indianexpress.com/news/do-not-let-custody-row-adversely-affect-child-hc/567115/0 New Delhi: Concerned by the adverse impact custody rows have on children who become mere pawns in the hands of their parents, the Delhi High Court has come up with suggestions not only for couples but also for lawyers, who treat such cases as legal battles to be fought like any other court case. The judgment, delivered by Justice Rajiv Sahai Endlaw, involved a custody row between two administrative officers, one in the Indian Administrative Services and the other in the Indian Revenue Services, over their 12-year-old … [Read more...] about Do not let custody row adversely affect child: Delhi HC
HC Judgment
Don’t go to family courts for in-laws’ property: Delhi HC
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
Include baraat of husband’s relatives into PWDVA (DV Act) – and be empowered
Inclusion of the whole baraat (marriage party) of husband’s relatives in PWDVA (Domestic Violence) complaint was nothing new, now it has got stamp of approval of division bench of Chennai high court.Read here about my earlier blog post on similar judgment by Madurai bench of Chennai high court.http://timesofindia.indiatimes.com/city/chennai/Women-liable-for-violence-at-home-HC/articleshow/5586092.cmsCHENNAI: A woman, who is a victim of domestic violence, can include the names of her husband as well as his adult male and female relatives while initiating civil proceedings under the Domestic Violence Act, the Madras High Court has ruled. A landmark judgment to this effect was delivered by a division bench comprising Justice C Nagappan and Justice PR Shivakumar in a case where it had … [Read more...] about Include baraat of husband’s relatives into PWDVA (DV Act) – and be empowered
Delhi High Court slaps fine for vexatious maintenance case on already divorced woman
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
Have a short marriage, and screw husband for life!
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!
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