Supreme Court to decide whether transgender woman can claim maintenance under Domestic Violence Act
The Court was hearing an appeal against a Bombay High Court judgment which held that a person who has exercised the right to self-identify as a woman is considered an ‘aggrieved person’ under Section 2(a) of the Act. The Supreme Court of India will decide in January 2025 whether a transgender woman can claim maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The Court was hearing an appeal moved by a man against a Bombay High Court judgment which held that a person who has exercised the right to self-identify as a woman is considered an ‘aggrieved person’ under Section 2(a) of the Act. A Bench of Justice Vikram Nath and Justice Rajesh Bindal granted leave and listed the matter for January 2025. The top court also sought responses from the concerned parties. The Bombay High Court had in March this year dismissed the man’s petition challenging the applicability of the…
“Make prenuptial agreements mandatory”: Delhi court while granting no-fault divorce to couple
The Court stressed that refusal to grant divorce would force parties to suffer further and would amount to “law-induced mental cruelty.” A Delhi court recently said that prenuptial agreements should be made mandatory before entering into marriage so that parties to the marriage need not face law induced mental cruelty. Family Court judge Harish Kumar of the Patiala House Courts made the observation while granting divorce on no-fault basis to a couple who had been involved in legal battles for the last seven years. “Time has come to make compulsory prenuptial agreement to be executed before appointed authority after counseling of the parties about the possible risk of marriage going haywire for variety of reasons and making it mandatory to report breach every time breach occurs under intimation to the party allegedly at fault, making it further clear that if breach not reported he/she would not be heard later on that he/she…
Delhi High Court Affirms Interim Maintenance Order for Disabled Husband
In a significant legal development, the Delhi High Court recently upheld an interim maintenance order for a disabled husband. The judgment, pronounced in the case, registered as MAT.APP.(F.C.) 133/2022, has garnered attention due to its implications for cases involving disability and maintenance in marriages. Background of the Case The case revolves around the marriage between a disabled husband and his wife, which took place on April 9, 2014. The couple had known each other since 2010 when they met at a gym. However, their married life faced significant challenges due to the husband’s disability. The husband had suffered a serious accident in 2011, resulting in the loss of his leg. During his hospitalization, his wife visited him regularly. According to the husband, he was pressurized by his wife to marry her in 2014. The marriage took place on April 9, 2014, but it was not without its difficulties. The husband…
Withholding mutual consent to divorce in a failed marriage is nothing but cruelty: Kerala High Court
The judges also highlighted that the courtroom should not be treated as a battleground for the egos of warring parties. The Kerala High Court recently observed that withholding mutual consent to divorce in a failed marriage amounts to cruelty. A Bench of Justices A Muhamed Mustaque and Sophy Thomas said that since no-fault divorces allow couples to separate in a mutually agreeable way, it is especially cruel to withhold consent for a divorce in an irretrievably broken-down marriage. The judges also highlighted that the courtroom should not be treated as a battleground for the egos of such parties. “The court rooms cannot be replaced to allow the parties for a battle for grooming their egos and idiosyncratic behaviour. The Court is established for genuine people who honestly dispute on the cause. If they cannot live together even by sharing residence for more than a decade, it can be presumed that sense is lost on…
Delhi High Court Denies Maintenance to Wife with Comparable Income to Husband
In a recent judgment delivered on September 14, 2023, the Court dismissed an appeal filed by the Wife, against an order dated April 27, 2019. The appeal, was heard by Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna. Background of the Case The case revolved around a matrimonial dispute between the Wife and the Husband. The couple had entered into wedlock on November 23, 2016, and had a son, born on December 4, 2017. However, due to irreconcilable differences, the couple separated. The husband, initiated divorce proceedings under Section 13 (1)(ia) of the Hindu Marriage Act (HMA). The minor child remained in the custody of his mother/Wife. During the course of the legal proceedings, Wife had sought interim maintenance totaling Rs. 46,000 per month under Section 24 of HMA. Family Court Decision The Family Court considered the financial positions of both parties. The Wife, a qualified B.Tech…
Maintenance Denied to Wife: Husband Produced Video CD of Working Wife
Hon’ble High Court of Delhi court ruled against granting maintenance to a highly qualified wife in a divorce case. This decision marks a significant development in cases where a spouse seeks financial support post-divorce. The Challenged Order The appellant Wife challenged the Order dated 03.09.2019, issued by the learned Principal Judge of Family Courts. This order dismissed her application for maintenance under Section 24 of the Hindu Marriage Act, 1955. Marriage and Divorce Husband and Wife got married on 21.04.2014. However, due to incompatibility and differences, their matrimonial relationship deteriorated, leading to the filing of a Divorce Petition under Section 13(1)(ia) of HMA .by Husband. It’s worth noting that Wife was employed until the filing of the Divorce Petition, at which point she resigned from her job on 22.05.2015. Although they temporarily withdrew the Divorce Petition on 06.02.2016 after an amicable settlement, a police complaint filed by Wife on 06.05.2016 indicated…
Diabetes is manageable, not a ground for husband to avoid paying maintenance to wife: Karnataka High Court
“It hardly needs to be reiterated that law, religion and justice require an able bodied man to look after his dependent family,” the Court added. The Karnataka High Court recently held that a husband being a diabetic patient cannot be a ground for him to shirk his responsibility of paying maintenance to his estranged wife [Ananth Kumar KG vs Yogitha Anant Kumar]. Justice Krishna S Dixit emphasized that a lot of people around the world suffer from such ailments and are able to manage the same, given the advancements in medical science. It, therefore, dismissed a man’s challenge to an order of a family court directing him to pay ₹10,000 to his estranged wife as monthly maintenance. “The contention that petitioner has been suffering from diabetes and related ailments does not merit countenance. A large section of people all over the world suffer from such ailments and with the advancement of medical science, all…
Rights Of Child Born Out Of A Live-in Relationship
Introduction “Live-in relationship” in simple terms is a relationship in which both partners enjoy their individual freedom and live in a house together without being married to each other. It involves a stable and peaceful co-habitation between two partners without any responsibilities or accountability towards each other. In such a case, no law ties the two people who are living together, and they can leave any time they like without any consequences. There is no proper legal definition of a live-in relationship and due to this reason the legal status of such a relationship is dubious. The Indian law does not provide any rights or obligations of the parties who are in a live-in relationship. The status of the children who are born as a result of such a relationship is also not clear and due to this reason the courts have provided a description to the concept of live-in…
RIGHT TO PROPERTY OF SECOND WIFE AND CHILDREN
Introduction When we speak about second wife, the first thing which comes in our minds the legality attached with second marriage.The various personal laws have different rules regarding this.Starting with Hindu law we will first learn about the legality of second marriage according to hindu law. According to The Hindu Marriage Act,1955, section 5, a marriage is said to be solemnised between two hindus (i)if at the time of marriage neither party has a spouse living at the time of the marriage, so if a hindu male re marries, even if his first wife is alive and they are not divorced, in such a case the second marriage will not be considered as valid.However we will first learn about the right to property of second wife and then we will go through the rights of children born out of second marriage. RIGHT TO PROPERTY AND MAINTENANCE OF SECOND WIFE UNDER…
Maintenance Rights of a Second Wife in India
Supreme court judgment on 125 crpc has has laid down the right of maintenance of second wife in India under certain conditions. CASE NUMBER: Criminal Miscellaneous Petition No.19530/2013 CASE TITLE: Badshah vs Sou. Urmila Badshah Godse & Anr. DATE: October 18, 2013 CORAM: Justice Ranjana Prakash Desai and Justice A.K. Sikri FACTS OF THE CASE The respondents filed an application under Section 125 of the Code of Criminal Procedure (CrPC) and stated that respondent 1, Urmila was married to Popat Fapale. In 1997, she got divorced from her first husband and she resided at her parents’ house till 2015. On demand of the petitioner for her marriage through mediators, she married him on 10.2.2005 at Devgad Temple situated at Hivargaon-Pawasa. Her marriage was performed with the petitioner as per Hindu Rites and customs. After her marriage, she resided and cohabited with the petitioner. Initially, for 3 months, the petitioner cohabited…