Daughter-in-law had filed a petition against an order passed by the divisional commissioner. Though the order of the divisional commissioner had stayed her eviction from the shared property, but she had to stay in the shared property with her in-laws. The District Magistrate had passed the eviction order. High Court stated that the daughter-in-law doesn’t […]
High Court granted cross-examination opportunity to a woman who had sought to cross-examine her husband in a marital dispute. The husband was a prosecution witness. She had to move to the High Court as the family court had denied her the right to do so. High Court shed light on the significance of just and
Family court being too much hyper-technical won’t work: Delhi High Court Read More »
Court stated that carefully drafted agreements will have a long-term effect. It may end the unnecessary suffering of the parties. Flawed agreements don’t fulfil the purpose. Guidelines issued by the court: It should have the name of all parties. Mediators should avoid the jargon to avoid confusion. It should mention the timeline in which the
Guidelines For Matrimonial Cases Mediation Settlement Agreements Read More »
High Court rejected an appeal against family court order purportedly violating the right to privacy of a man. The family court, through its order, had summoned hotel records where he had stayed with a woman claiming her to be his friend. The man allegedly had sexual relations outside his marriage. He allegedly stayed in a
In a recent ruling, the Supreme Court has stated that convicting the husband for dowry death based solely on the unnatural demise of his wife in their matrimonial home within seven years of marriage is not permissible. “Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not
The co-ordination committee of All District Courts Bar Associations said that the issue has far-reaching consequences and cannot be left to the discretion of the courts. The coordination committee of All District Courts Bar Associations of Delhi has expressed discontent with the day-to-day hearings regarding the recognition of same-sex marriages by a Constitution Bench of
The Delhi High Court has ruled that if no appeal is filed within the specified time limit against an ex-parte divorce decree under the Hindu Marriage Act of 1955, either spouse is legally allowed to remarry. The division bench, consisting of Justice Sanjeev Sachdeva and Justice Vikas Mahajan, underscored that according to Section 15 of
Interestingly, the Supreme Court had refused to entertain a PIL challenging the provisions of the Special Marriage Act requiring publication of couples’ details 30 days before the intended marriage in public domain. The Supreme Court stated that laws like the Special Marriage Act, which require public notice and invite objections to intended marriages, were established
The Delhi High Court has instructed family court judges to maintain the records of the first motion filed under section 13B(1) of the Hindu Marriage Act, 1955 for a period of 18 months from the filing date. These practice directions were issued by the High Court on April 15 based on the recommendations of the
The Delhi High Court has stated that as per the Protection of Women from Domestic Violence Act, 2005, the right to reside in a matrimonial home includes the right to live in a secure and healthy environment. In response to a wife’s plea challenging a First Appellate Court order in a matrimonial dispute, Justice Tushar
