Thushara, when 19, married a man, not yet 21, at the Chakkulathukavu Bagavathi Temple. Her father filed a petition before the High Court of Kerala and was awarded her custody. The Supreme Court recently called a submission ‘neat’: “The High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she […]Read more "The Freedom of a Major Girl"
In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454, speaking through Justice A.M. Khanwilkar disapproved of the “First Strike” Principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued that since the mother had not sought custody of the child by approaching any competent Indian Court prior […]Read more "The “First Strike” in Child Custody Battles II"
Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]Read more "Jactitation of Marriage"
Recently in M/s. Meters and Instruments Private Ltd. v. Kanchan Mehta, [Criminal Appeal No. 1731 of 2017] a Bench of Justices Goel and Lalit observed the following: “There appears to be need to consider categories of cases which can be partly or entirely concluded “online” without physical presence of the parties by simplifying procedures where seriously […]Read more "Video Conferencing in Matrimonial (Cheque) Disputes II (I)"
My Lord, Is the statutory period of six months prescribed under Section 13B(2) of The Hindu Marriage Act, 1955 (for a motion for passing decree of divorce on the basis of mutual consent) mandatory or directory and if directory, can the same be dispensed with, exercising the power under Article 142 of the Constitution? In 2 […]Read more "Section 13B of The Hindu Marriage Act III"
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 I"
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"