The Court ‘needed to consider’ whether a general order could be passed to the effect that in a case where a husband files matrimonial proceedings at place where the wife does not reside, the Court concerned should entertain such petition only on the condition that the husband makes appropriate deposit to bear the expenses of […]Read more "Video Conferencing in Matrimonial Disputes"
A citation of questionable scientific standards by the Supreme Court of India has caused this present post. _____ In a contentious child custody dispute in the suburbs of Pittsburgh, three teenage boys begged a Family Court Judge not to force them to continue visits to their father because, they said, he was physically abusive towards […]Read more "The Disputed Reality of Parental Alienation Syndrome"
The Appellant Husband was treated cruelly by the Respondent Wife. There were repeated threats of suicide [See, Pankaj Mahajan v. Dimple, (2011) 12 SCC 1]; levelling of disgusting accusations of indecent familiarity with a person outside wedlock [Vijaykumar v. Neela, 2003 (6) SCC 334]. Both are acts of cruelty within the meaning of The Hindu […]Read more "Monsters-In-Law III"
Domestic Violence within the meaning of The Protection of Women from Domestic Violence Act, 2005 is ‘gender neutral‘. Physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women. “Even sexual abuse may, in a given fact circumstance, be by one woman on another“. The SC in Hiralal Harsora v. Kusum Harsora, [Civil […]Read more "Monsters-In-Law II"
“It is well established that the right to life under Article 21 of the Constitution includes the right to lead a dignified and meaningful life and the right to health is an integral facet of this right. In Subhash Chandra Bose, (1992) 1 SCC 441 while dealing with the right to health of workers, it […]Read more "Right to Reproductive Health"
The ‘statutory period of waiting’ has been waived again in Wadhera v. Wadhera, [Transfer Petition (Civil) No. 569 of 2014]. The SC held, “having regard to the background of the several litigations between the parties over a period of 5 years, background of the parties living separately for more than 5 years, submission of the Husband […]Read more "Section 13B of The Hindu Marriage Act II"
“Under Section 7(1), Explanation (b) of The Family Courts Act, 1984 (“Act”) a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8 all those jurisdictions covered under Section 7 are excluded […]Read more "Dispute on Matrimonial Status"