User: gibreel Topic: FamilyLaw
Category: Maintenance
Last updated: May 23 2018 04:20 IST RSS 2.0
 
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Maintenance to woman under Domestic Violence Act quashed 23.5.2018 Hindu: Medicine & Research
‘She had concealed information about employment’
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DV case: Court denies maintenance to wife for lying about job 22.5.2018 General News
A Delhi court has taken away from a woman the maintenance amount of Rs 15,000 per month awarded to her by her estranged husband after finding that she had "mischievously concealed" her job as a government school teacher and claimed to be unemployed. Special Judge Virender Bhat rejected the appeal of the woman seeking enhancement of the maintenance amount and allowed the man's appeal to set aside the magisterial court's 2009 order by which she was given the monetary relief. "It needs to be noted here that the woman has very conveniently and mischievously concealed and withheld from the trial court the factum of her employment as government teacher..." the judge said. The court noted that she had approached the trial court after the Supreme Court had in 2013 given her the liberty to do so. The woman had knocked the doors of the apex court in 2011 after her husband secured from the Delhi High Court the relief of not paying her in 2010. "In her petition filed pursuant to the liberty given
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Applicability of Domestic Violence Act religion-neutral: HC 14.5.2018 General News
The provisions of the Domestic Violence Act, 2005, are aimed at protecting the rights of women effectively and do not exclude Muslim women from its purview, the Bombay High Court has ruled. "The enactment of the Domestic Violence Act in no way intends to restrict its application to any particular category of women, but it intends to protect any aggrieved woman who is a victim of domestic violence," Justice Bharati Dangre said. The HC was hearing a petition filed by a city-based Muslim man challenging a family court's order directing him to pay maintenance to his wife and children under the Domestic Violence Act. The petitioner claimed that they are from the Alvi Bohra community and hence both the parties are governed by Muslim Personal Law and their personal relationship is governed by the Muslim Personal Law (Shariat) Application Act 1937, the Dissolution of Muslim Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act. The high court, however, in its ...
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SC concerned on Taj Mahal's condition, slams ASI for not protecting it 9.5.2018 General News
"Can algae fly?" This question was posed by the Supreme Court to the Archeological Survey of India which faced its wrath for failure to take steps to protect the iconic Taj Mahal The top court also asked the government whether the ASI needed to be "thrown out of the picture" on protection and preservation of the historic white marble mausoleum. When ASI's counsel contended that algae on the monument was a cause of concern, the bench shot back asking "can algae fly?" and how can algae "reach the top of the structure". The scathing remarks by the top court came after a bench comprising Justices Madan B Lokur and Deepak Gupta perused recent photographs of the Taj Mahal and expressed concern over the monument being infested by insects and algae. The top court has been monitoring developments in the area around the monument, built by Mughal emperor Shah Jahan in the memory of his wife Mumtaz Mahal in 1631, which is a UNESCO World Heritage Site. It had on May 1 expressed concern over the ...
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This isn't talaq, pay your wife maintenance, says court 6.5.2018 DNA: Money
The sessions court recently turned down a man's plea which challenged payment of interim maintenance to his wife on the grounds that she was the one who had opted for talaq. The court said that the 'talaq' the man, a Parbhani resident, was referring to was invalid as it did not fulfil legal requirements. The woman had given talaq by khula, which empowers a Muslim woman to initiate divorce with mutual consent. The judge held that the marriage between the estranged couple was not yet over and asked him to abide by its order of paying Rs 10,000 as interim maintenance. The court order said the woman, who in 2015 had filed a domestic violence case 15 years after their marriage, had proved that she was physically abused and assaulted. The case was heard by the metropolitan magistrate's court, which held that documents produced by the woman were sufficient to hold that there was abuse amounting to domestic violence. Article ...
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Court pulls up man for concealing income 25.4.2018 Hindu: Rx
‘He would have to pay less maintenance to estranged wife’
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Court asks man to pay wife, 2 daughters for comfortable life 24.4.2018 General News
A man, accused of domestic violence, has been directed to pay monthly maintenance to his estranged wife, with a city court enhancing the amount from Rs 6,000 to Rs 18,000 saying he was trying to conceal his income to deprive the family of a comfortable life. Additional Sessions Judge Neera Bharihoke allowed the appeal of the woman against a magisterial court order which had granted Rs 3,000 each to her minor daughters but had denied her any monetary relief from her husband. The sessions court, while deciding the appeal in the woman's favour, said the credit card statements of her husband showed that he was spending about Rs 22,000 per month even after having resigned from his job. "Thus, prima facie a reasonable assumption of income of respondent can be drawn that he is earning about Rs 30,000 per month. He is trying to shield his income to deprive the appellant and her two daughters to live a comfortable life as enjoyed by respondent himself," it said. The sessions judge, while ...
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SC asks 'love guru's' wife to end relationship 10.4.2018 Deccan Herald - National
A professor from Patna University, who left his wife in 2004 for a live-in relationship with a student 30 years his junior, had earned himself the sobriquet love guru. His wife continues to fight for her rights and maintenance. She was on Tuesday told by the Supreme Court to redeem herself by coming out of the painful experience. "People like you should show good leadership to the society that you have not gone on to suffer but fought back. You should not keep relations with such a husband, who does not care for you. We will protect your interests," a three-judge bench, presided over by justice Kurian Joseph, told Abha Choudhary, wife of Prof Matuk Nath Choudhary. Matuk Nath, who teaches Hindi at Patna University, had openly accepted his love for the student. Abha, however, continued to suffer and fight for her maintenance allowance. Hearing a plea filed by Matuk Nath against the Patna High Courts order to pay Rs 25,000 per month as interim maintenance, including Rs 15,000 under the Domestic ...
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Maintenance granted to unmarried daughter 8.4.2018 Hindu: Medicine & Research
High Court overturns family court order
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Unmarried Daughter Can Claim Maintenance From Separated Father: Court 7.4.2018 NDTV News - Top-stories
An unmarried woman is entitled to claim maintenance from her father if her parents are divorced or estranged, the Bombay High Court has ruled.
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Unmarried daughter who is above 18 can claim maintenance from father: Bombay High Court 7.4.2018 deccanherald.com
An unmarried daughter is entitled to claim maintenance from her father even after attaining the age of 18 if her parents are divorced or estranged, the Bombay High Court has ruled. Also, a woman can file an application on behalf of her major daughter to seek maintenance, Justice Bharti Dangre ruled yesterday. The high court was hearing a petition filed by a city-based woman challenging the family courts order dismissing her application seeking maintenance from her estranged husband for the couples 19-year-old daughter. The couple, which got married in 1988, got separated in 1997. Their three children -- two boys and one girl -- lived with the mother. Till the time the children were minors, their father paid a monthly maintenance for each child to their mother. However, after the daughter crossed 18 years of age, the father refused to pay maintenance for her. Her mother, in her petition in the high court, claimed that though her daughter had attained majority, she was still financially dependent on her as ...
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Unmarried daughter who is above 18 can claim maintenance from father: HC 7.4.2018 General News
An unmarried daughter is entitled to claim maintenance from her father even after attaining the age of 18 if her parents are divorced or estranged, the Bombay High Court has ruled. Also, a woman can file an application on behalf of her major daughter to seek maintenance, Justice Bharti Dangre ruled yesterday. The high court was hearing a petition filed by a city-based woman challenging the family court's order dismissing her application seeking maintenance from her estranged husband for the couple's 19-year-old daughter. The couple, which got married in 1988, got separated in 1997. Their three children -- two boys and one girl -- lived with the mother. Till the time the children were minors, their father paid a monthly maintenance for each child to their mother. However, after the daughter crossed 18 years of age, the father refused to pay maintenance for her. Her mother, in her petition in the high court, claimed that though her daughter had attained majority, she was still ...
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Ahmedabad family court sentences man to 22 years in jail for not paying alimony to estranged wife 6.4.2018 DNA: Top News
A 55-year-old man faces 22 years in jail for not paying alimony to his estranged wife, Ahmedabad Mirror reported. The sentence was awarded by the family court following 11 applications made by the woman, who alleged that she was thrown out by the man when she was pregnant. The unpaid arrears accumulated over the past 19 years amount to Rs 7 lakh. “The husband is based out of Madhya Pradesh while the wife, 50, and daughter, now 28, live in Ahmedabad. The court has also ordered Madhya Pradesh police to trace the man, put him behind bars if the amount is not paid, and file a compliance report in Ahmedabad,” the report added. As per law, the court can award a prison term to the husband if he fails to pay the alimony. In this particular case, the husband neither paid the alimony, nor turned up in the court to contest the case. In 1998, when the case was filed, the court had ordered the husband to pay Rs 650 as monthly alimony which was increased to Rs 4,500 in 2002. Legal experts, however, say if husband pays ...
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SC asks Centre to consider BS-VI fuel in 13 metros from April 2019 26.3.2018 Business Standard: News Now
On February 21, the Centre had informed the apex court that it will introduce Euro-VI fuel in Delhi by April 1
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Madurai court stays Sasikala Pushpa's marriage 24.3.2018 deccanherald.com
Expelled AIADMK MP Sasikala Pushpas marriage with Dr B Ramasamy, scheduled to take place on Monday, has been stayed by the Family Court in Madurai as his earlier marriage was "still valid." The controversial MP and Ramasamy, pro-Vice Chancellor of Oriental Institute of Science and Technology University, were set to tie the knot at a five-star hotel in New Delhi on Monday morning. In a dramatic turn of events after the wedding invitation of Sasikala Pushpa and Ramasamy went viral on the social media, a 34-year-old woman, T Sathyapriya, petitioned the Madurai District Collector alleging that her marriage with Ramasamy was still valid and asked him to ensure that the marriage does not take place. Sathyapriya, who had approached the family court seeking conjugal rights and maintenance, appealed before it to restrain Ramasamy from marrying Sasikala Pushpa. The woman, with a toddler, had appeared before the media with a fervent plea to her husband that she would like to lead a happy life with him. "This court ...
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‘I want my husband’ 20.3.2018 Hindu: Health

MADURAI

Sathiyapriya (34), who claimed to be the wife of B. Ramasamy, the man who is set to marry ‘controversial’ Member of Parliament Sasikala Pushpa, submitted a petition at the Collectora

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‘I want my husband’ 20.3.2018 Hindu: Cities

Sathiyapriya (34), who claimed to be the wife of B. Ramasamy, the man who is set to marry expelled AIADMK Rajya Sabha member Sasikala Pushpa, submitted a petition at the Collectorate here on Tuesda

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Hadiya's marriage valid: Judicial aberrations on gender issues worrisome 9.3.2018 Business Standard: News Now
Many feminists and civil libertarians do believe that there is some semblance of a U-turn by the judiciary in general and the Supreme Court in particular on women's issues
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Judicial Aberrations on Gender Issues Are Worrisome 8.3.2018 The Wire

While the Supreme Court, by restoring Hadiya's marriage, has given the best gift on Women's Day, there are several other orders of our courts that are problematic.

The post Judicial Aberrations on Gender Issues Are Worrisome appeared first on The Wire.

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Senior citizens unaware about protection under Act: HC 5.3.2018 General News
The Madras High Court today observed that some senior citizens were not aware of the protection of life and property available to them under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court was hearing a plea by three persons convicted by a lower court for murdering an elderly person. A division bench of the court's Madurai bench comprising Justices S Vimala and T Krishnavalli partly allowed the appeal filed by the trio, two of whom were sentenced to rigorous life imprisonment by Theni Principal District and Sessions Court last year. The bench said it was the responsibility of the central and state governments to give wide publicity to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Three persons--- Renganathan, his wife and one Amirtharaj--- were accused of murdering an estate owner in 2012. The estate owner, who was estranged from his wife for 25 years, had bequeathed his property to Renganathan in 2010. He, however, wanted to ...
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