Upon hearing the parties to the case, the Court held that, the victim’s pregnancy may not be terminated without her consent as it may not be in her best interest. However, considering her mental health which may be affected due to the biological cha..
The Supreme Court observed that a petition filed by a wife under Section 125 of CrPC who was earlier granted permanent alimony under Section 25 of Hindu Marriage Act, cannot be entertained...
The High Court took note of the submissions made by the husband that he shall continue to pay Rs 5,000 per month for a limited period for the wife and minor son. Resultantly, the Court allowed the petition and quashed the impugned order...
The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...
The Supreme Court held that the husband is entitled to pay maintenance even if the wife is well educated and enhanced the maintenance amount to Rs.25,000...
The court held that maintenance can be claimed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) even if the claimant is not a legally wedded wife and therefore not entitled to claim of maintenan..
It is the duty of the Court to scrutinise the facts from all angles whether a plea advanced by the respondent to nullify the grievance of the aggrieved person is really legally sound and correct.The principle “justice to the cause is equivalent to th..
In this case it was held that in the guise of passing an order under Section 19(1)(b) of Domestic Violence Act, such women members of the family cannot be directed to be removed from the shared household..
The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...
The High Court held that the Grandsons would have been liable to pay maintenance to grandmother under Sections 22(1) of the Hindu Adoptions and Maintenance Act, 1956, provided that their father had not been alive and not capable of paying maintenanc..
The High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them...
Judges must take into consideration the earning capacity and monthly salaries of husbands and wives both, before giving the judgment and must order maintenance fairly...
The court keeping in mind the duty to the husband to maintain the wife has directed the husband to pay the wife under the DV Act as he has a responsibility to allow his wife to live life with dignity according to their social status and strata but ha..
The agreement did no more than to acknowledge the liability to pay monthly allowance at a fixed and enhanced rate to PannaKuar.The nature of the allowance received by her was not, therefore, altered and, in spite of the execution of the agreement, th..
The Court while rejecting the contentions of the Respondent, held that the wife had a reasonable excuse for refusing to resign from her job and live with the Respondent in Delhi. It cannot be said that the Appellant withdrew from the society of the h..
Asserting cruelty and renunciation against the spouse, the appellant (wife), moved to the Family Court under Section 13 of the Hindu Marriage Act, petitioning court for disintegration of her marriage with the respondent by a pronouncement of separati..
The Supreme Court has taken proactive steps to issue guidelines for ensuring protection of people at such crowded shelters...
The Supreme Court has issued guidelines for remote hearing of cases in Suo Motu Writ (Civil) No.5/2020 Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic. The guidelines aim at reducing the conventional practices..
The court held that the woman had a right to reside in her matrimonial home or shared household. It stated that the object of the Domestic Violence Act was enacted to secure the right of a woman to reside in her matrimonial home. The court also state..
An analysis of SC judgments in Veluswamy case [AIR 2011 SC 479] and IndraSarma case [AIR 2014 SC 309] reveals that not all live-in relationships are to be deemed as a “relationship in the nature of marriage” u/s 2(f) of the DV Act. The wider interpre..
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