The Patna High Court dismissed a wife’s appeal against a Family Court divorce decree, holding that long separation and denial of conjugal relations amounted to cruelty, and left her free to seek permanent alimony under Section 25 of the Hindu Marriage Act.
Rs 1,03,382 a month, paid voluntarily, has weighed against a husband in the Karnataka High Court, which held that a man who supports his wife without any court order cannot later claim inability to pay, and dismissed his writ petition with costs of Rs 2 lakh. Bengaluru: Dismissing a husband’s challenge to an interim maintenance […]
The Delhi High Court has quashed FIR No. 774/2015 of Police Station Dabri against Hari Govind under Sections 498A, 406 and 354 read with Section 34 IPC, holding that continuing the case would serve no useful purpose after the spouses settled for Rs 11.7 lakh through mediation, divorced by mutual consent and the complainant said she had no objection.
The Madurai Bench of the Madras High Court has dismissed a husband’s appeals against the refusal of divorce on grounds of cruelty and desertion and a decree of restitution of conjugal rights for his wife, holding that quarrels, family friction and separation do not amount to cruelty or desertion without proof of conduct of the required gravity.
The Supreme Court has upheld the Calcutta High Court’s decision setting aside an anti-suit injunction that had restrained a wife from pursuing divorce proceedings before the UK Family Court. An anti-suit injunction, the Court reiterated, is an exceptional remedy that cannot be granted as a matter of course, and requires the foreign forum to be oppressive, vexatious or forum non conveniens. The UK, where the couple had lived, was the natural forum, and the husband’s appeal was dismissed.
Weeks after a written order fixed a Rs 35 lakh divorce settlement as full and final, a petitioner-wife tried to reopen it before the Supreme Court, prompting Justice B.V. Nagarathna to draw a firm line, shield the young lawyer the litigant had turned on, and deliver the instantly-viral line: “We don’t lose our cool because […]
The Supreme Court held that persistent refusal of sexual relations without reasonable cause constitutes mental cruelty and can be a valid ground for divorce under the Hindu Marriage Act. Upholding a Rajasthan High Court judgment, the Court dismissed a wife’s appeal challenging the dissolution of marriage.
