The legality of a matrimonial proceeding initiated by the wife before a family court in India invoking the provisions of theHindu Marriage Actagainst her Hindu husband having his domicile in New Jersey in the United States of America is the substantial issue raised in this writ appeal.
The Punjab and Haryana High Court upheld the order of the JMFC court which awarded Rs. 40,000/- per month to the wife who filed an interim maintenance application u/s. 20 of the Protection of Women from Domestic Violence Act, 2005.
Crimes against women and statutes to safeguard.We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC, and to secure to all its citizens: Justice, Social, Economic, and Political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; And to promote among
In the judgement of Yashitasahu v/s state of Rajasthan In which husband and wife who resided in The USA filed a divorce case in which Joint custody of the child was given to both husband and wife to stay with the child for alternate periods. The wife bought the child to India and filed for
The Bombay High Court in a first of its kind judgement, has contravened the rights of social media influencers and put a cap on their free speech. Rightfully, the Bombay High Court has decided that Social Media Influencers in Today’s social climate have a lot of followers so they do not have unlimited right to
In a case of drunken driving, blood alcohol level is crucial evidence that is required in order to determine the drunkenness of an individual. But can someone be compelled to give their blood sample or is it violative of the constitutional principle of not being a witness unto himself or the right against self incrimination?
The Husband was denied his Divorce Petition in the High Court stating that mere submission of an FIR by wife and a complaint made by her in court does not entitle the husband to a divorce. However, when the Husband appealed the same to the Supreme Court, it was held that: The above observation of the High
The Delhi HC defined the difference between ‘Capable of earning’ and ‘Actually Earning’ The wife, being a lawyer, and enrolled in the year 2000, was capable of earning, contended the Husband in the Delhi High Court. The wife claimed that she had worked only prior to the marriage and on account of their small child, she had
U/S. 304 IPC, the Supreme Court has held that: a three judge bench had held that any money or property or valuable security demanded by any of the persons mentioned in Section 2 of the Dowry Prohibition Act, at or before or at any time after the marriage which is reasonably connected to the death of
Wherein a woman wanted to claim the property of the deceased and the validity of her marriage came into question, it was held that a mere registration of agreement of marriage without fulfilling the Saptpadi u/s. 7 of the Hindu Marriage Act, 1955 cannot be a valid marriage and an agreement of marriage is not
As per the definition in Prohibition of Child Marriage Act, 2006, an adult woman is a woman who is over the age of 18 and an adult male is a male over the age of 21.
A male adult over the age of 18 who marries a female child is punished u/s. 9 of the Prohibition
The Bombay High Court ruled that a Woman who has been seperated from her husband for the past two years can file a DV complaint. It was contended by her husband that as it has been two years, a domestic violence complaint cannot be filed as they had been living separately and since the alleged
Wherein a woman had filed a domestic violence report, against her neighbors and there is no whisper of the fact that the alleged accused are in fact her relatives, the High Court held that the said woman cannot file domestic violence. The Act of Domestic Violence particularly the Protection of Women Against Domestic Violence, 2005 is
1. Presentation of plaint. 2. Service of summons on defendant. 3. Appearance of parties 4. Ex-parte Decree 5. Interlocutory Proceedings 6. Filing of written statement by defendant 7. Production of documents by parties (plaintiff and defendant) 8. Examination of parties 9. Discovery and Inspection 10. Admission 11. Framing of issues by the court. 12. Summoning And Attendance Of Witnesses 13. Hearing Of Suits And Examination Of Witnesses 14
Where a family court rejected a woman’s interim maintenance application as she was living with her parents who are very well-to- do, she has appealed that said order before the Bombay High Court. The Bombay High Court, hearing the aggrieved wife, has held that the family court did not have the right approach to deciding maintenance