Family Courts Act Archives

Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”

Case Briefs High Courts

[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court

The right of privacy claimed by the husband vis-à-vis the prayer of the wife to seek assistance of the Court for production of records to substantiate her charge of adultery levelled against the husband in her petition seeking divorce was the question before the Delhi High Court.

Case Briefs High Courts

Muslim woman can dissolve marriage by ‘Khula’ recognised under Shariat; Madras High Court quashes Khula certificate issued by Shariat Council

Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.

Case Briefs High Courts

Keeping in mind biological changes undergone by girl child; Chhattisgarh High Court grants custody to mother

Chhattisgarh High Court | In an appeal related to the custody of a girl child, a Division Bench comprising of

Law School News Others

HNLU to organize Eastern Region Law Review Consultation on ‘The Family Courts Act, 1984

Hidayatullah National Law University, Nava Raipur in collaboration with the National Commission for Women, is organizing an ‘Eastern Region Law

Case Briefs High Courts

Bom HC | Minor’s property fraudulently transferred. Can application for such declaration and order for recovery lie in Guardianship Petition? HC elucidates

Bombay High Court: S.C. Gupte, J., dismissed a guardianship petition on the ground of jurisdiction. A Guardianship petition was filed under Sections

Case Briefs High Courts

Bom HC | Father-in-law denies maintenance to widowed daughter-in-law and her children. Will he be obligated to maintain them if late son had a share in ancestral property? HC Decodes

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Suryawanshi, JJ., reiterated that father-in-law has a moral responsibility to maintain

Case Briefs High Courts

Guj HC | Will permanent alimony granted to a Muslim woman be conditional to her remarriage? Detailed report untangling significance of ‘Permanent Alimony’ & ‘Periodical Maintenance’

Gujarat High Court: The Division Bench of J.B. Pardiwala and Vireshkumar B. Mayani, JJ., while addressing the issue of grant of permanent alimony

Case Briefs High Courts

Raj HC | Period of limitation for preferring an appeal against a decision of Family Court is 90 days; S. 28 of HMA, 1955, to override the Family Courts Act

Rajasthan High Court: A Division Bench of Mohammad Rafiq and Narendra Singh Dhaddha, JJ. while harmonizing the provisions contained under Section 19

Case Briefs Foreign Courts

Pak SC | Family Courts Act: Curtailment on right to appeal does not exclude wife’s right of appeal if she is dissatisfied with quantum of dower awarded

Supreme Court of Pakistan: The Three-Judge Bench of Mian Saqib Nisar, CJ and SH. Azmat Saeed and Ijaz-Ul-Ahsan, JJ. dismissed the appeal

Case Briefs Supreme Court

In a 2:1 verdict, SC rejects the idea of Video Conferencing in Marital Disputes; Says it is possible only when settlement fails

Supreme Court: In the matter revolving around allowing video conferencing in matters relating to marital disputes, the 3-judge bench of Dipak Misra,

Case Briefs High Courts

For an appeal filed under Section 19(1) of Family Courts Act, 1984, period of limitation prescribed under Section 28(4) of Hindu Marriage Act, 1955 shall apply

Bombay High Court: While deciding upon the issue framed by the Division Bench of this Court that whether an appeal under Section

Case Briefs High Courts

An ex parte divorce decree is not an interlocutory order, hence appealable under S. 19 of Family Courts Act

Orissa High Court: While deciding upon the challenge to the maintainability of the present matrimonial appeal as per Section 19 of the