Yesterday, On 22nd October, the Supreme Court, led by Chief Justice DY Chandrachud, agreed to hear a petition for adopting hybrid mode hearings in family courts across India. The petition highlights delays in case resolutions affecting women and children, advocating for timely justice through a combination of virtual and physical appearances, addressing logistical challenges.
The Supreme Court today(26th Sept) confirmed that the Protection of Women from Domestic Violence Act, 2005, applies to all women in India, safeguarding their constitutional rights. The ruling stemmed from a case concerning maintenance, emphasizing that modifications under Section 25 are only applicable for changes post-initial orders. Previous appeals were dismissed, allowing for future applications under the Act.
The Delhi High Court upheld that a husband must provide maintenance to his wife, regardless of her income, dismissing his claim that she was a “parasite.” The court emphasized respect for women’s sacrifices and reaffirmed legal obligations under the Hindu Marriage Act and Domestic Violence Act, highlighting the need for support against domestic abuse.
The Madhya Pradesh High Court emphasized that well-educated women should not solely rely on their husband’s maintenance, and marriage should not hinder a woman from seeking employment. The court reduced a maintenance payment from a husband to his wife, stating that she had the capacity to support herself through her education and skills.
Today(11th Sept),The Supreme Court of India, during a matrimonial dispute hearing, highlighted that Section 498A of the IPC and the Domestic Violence Act have become some of the most abused laws in the country. The observation was made by Justice BR Gavai and his Bench, focusing on the misuse of these legal provisions.
The Allahabad High Court ruled that a widowed daughter-in-law is not obligated to reside in her matrimonial home to claim maintenance from her father-in-law under the Hindu Adoptions and Maintenance Act, 1956. The court emphasized societal and cultural norms influencing a widow’s choice of residence and recognized the right to claim maintenance regardless of living arrangements.
The Delhi High Court emphasized the need for concrete evidence in adultery claims, particularly in the era of deepfakes. A husband’s appeal against paying Rs. 75,000 monthly maintenance was dismissed due to lack of evidence of his wife’s adultery. The court highlighted the danger of deepfake technology in manipulating evidence.
The Allahabad High Court ruled that a man denying paternity must undergo a DNA test or pay child maintenance. Emphasizing the children’s rights, the court highlighted the importance of securing their financial support and legal status. The ruling addressed the significance of DNA testing in resolving paternity disputes and emphasized the children’s best interests.
The Karnataka High Court ruled that there are no legal restrictions on filing multiple divorce petitions based on cruelty. This ruling allows individuals to seek divorce repeatedly if they continue to face cruelty, providing legal clarity and protection for victims of ongoing abuse. The decision represents a significant advancement in matrimonial law.
