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Husband Living with Another Woman After Prolonged Separation from Wife, Not Ground To Refuse Divorce

The Delhi High Court has observed that a husband living with another woman, after long years of separation from his wife with zero possibility of re-union during the ongoing divorce proceedings, cannot disentitle him from seeking divorce on proven grounds of cruelty by the wife. A division bench of Justice Suresh Kumar Kait and Justice …

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Divorced Daughter Can’t Seek Maintenance Under Hindu Adoption and Maintenance Act: Delhi High Court

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, …

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Giving Directions for Details of Hotel Stay, Call Records of a Spouse to Prove Adultery Violates the ‘Right to Privacy’? Supreme Court to Consider 

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 …

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National Commission for Men: Supreme Court to Hear PIL for its Setting Up

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 …

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Revision Court Can’t Make Deposition of Arears a Condition for Grant of Stay: Delhi High Court

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 …

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Hybrid Hearings: Mandatory in District Courts in National Capital

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 …

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Daughter-in-law doesn’t vest an absolute right to live in a shared household: Delhi High Court

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 …

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Family court being too much hyper-technical won’t work: Delhi High Court

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 …

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Guidelines For Matrimonial Cases Mediation Settlement Agreements

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 …

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Seeking CDR and hotel records for proving adultery not violative of right to privacy: Delhi High Court

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 …

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