matrimonial home Archives

Wife leaving matrimonial home, from time to time, without any fault on husband’s part, is mental cruelty: Delhi HC grants divorce to husband

The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.

Case Briefs High Courts

Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation

Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.

Case Briefs High Courts

Punjab and Haryana High Court: Woman committing suicide in matrimonial home does not itself make husband and in-laws liable under Section 306 IPC

The Court said that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

Case Briefs High Courts

Law does not allow husband to take wife’s articles without her consent and knowledge: Delhi High Court dismisses pre-arrest bail application

The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.

Case Briefs High Courts

If removal of husband from home is the only way to ensure domestic peace, the Courts need to pass such orders; Madras High Court directs husband to leave the house

Madras High Court: In a case of marital discord and petitioner-wife, a practicing advocate was seeking removal of respondent-husband from

Case Briefs High Courts

Visits of sundry family members to matrimonial home, without permanency or intention to treat premises as a shared household: Would it render family members as members of shared household? Del HC elaborates

Delhi High Court: Prateek Jalan, J., addressed the issue of whether visits of sundry family members to the matrimonial home, without permanency

Case Briefs High Courts

Wife leaves matrimonial home and never returns after several requests and legal notice under S. 9 of HMA, alleges husband of several cruelties without any evidence: Would it amount to desertion and cruelty by wife? Del HC answers

Delhi High Court: Noting the separation of 12 years between the husband and wife, the Division Bench of Vipin Sanghi and Jasmeet

Case Briefs High Courts

Del HC | Whether woman is party to adultery/bigamy so as to refuse relief under DV Act is a matter of trial: HC refuses to quash lower court orders

Delhi High Court: Subramonium Prasad, J., refused to grant relief to the petitioner against orders of the lower court restraining him from

Case Briefs High Courts

All HC | Woman commits suicide after various cases against her, being subjected to harassment at matrimonial home. Can a case of abetment of suicide be established? HC discusses

Allahabad High Court: Dinesh Kumar Singh-I, J., while discussing abetment of suicide, stated that: “…if some act either of omission or commission

Case Briefs High Courts

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

Jharkhand High Court: A Division Bench of H.C. Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid

Case Briefs High Courts

Gau HC | Wife who leaves matrimonial home on her own, but under compelling circumstances, is entitled to maintenance under S. 125 CrPC

Gauhati High Court: Hitesh Kumar Sarma, J., while disposing of a criminal revision petition filed against the order of the Additional Sessions Judge,

Case Briefs High Courts

Raj HC | Court safeguards petitioner and family against communal outrage with appropriate measures

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ., allowed a Habeas Corpus Petition and allowed the petitioner

Case Briefs High Courts

Desertion| Wife joining job at some other place than her matrimonial home is not desertion

Chhattisgarh High Court: A Single Judge Bench comprising of Goutam Bhaduri, J. dismissed an appeal filed against the order of the lower