The Delhi High Court recently ruled that a divorced daughter cannot claim maintenance from her maternal side (mother or brother) under the Hindu Adoption and Maintenance Act (HAMA). The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Sharma observed that there were 9 categories of dependents under Section 21 of the HAMA, […]
The Supreme Court is ready to examine if directions given for seeking call detail records and hotel stays to prove allegations of adultery are a violation of the fundamental right to privacy under Article 21 of the Constitution. A Bench of Justices Krishna Murari and PV Sanjay Kumar was hearing an appeal against a Delhi
On July 03, the Supreme Court is scheduled to hear a PIL seeking framing of effective guidelines to curb the matter of suicide by married men subjected to domestic violence and to constitute a ‘National Commission for Men’ that can help them offer protection to their interests. A bench of Justices Surya Kant and Dipankar
National Commission for Men: Supreme Court to Hear PIL for its Setting Up Read More »
The Delhi High Court has observed that a revisional court while considering the grant of stay of the interim maintenance order passed under section 125 of CrP, cannot put a general direction of depositing the entire maintenance amount by neglecting the circumstances of the case. Justice Girish Kathpalia’s single judge vacation bench observed, “While exercising
On Monday, the Delhi High Court issued an office order for the district courts in National Capital, directing them to accept hybrid hearings. Earlier, the counsel parties had to appear physically in the courtroom during the hearing. In case of hearing through video conferencing, one had to make a formal request either in writing or
Hybrid Hearings: Mandatory in District Courts in National Capital Read More »
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
