User: gibreel Topic: FamilyLaw
Category: Maintenance
Last updated: Oct 17 2017 09:52 IST RSS 2.0
 
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Maintenance can be granted considering professional potential and earning ability of husband 17.10.2017 DNA: Money
In a significant order, the Bombay High court, while rejecting a challenge to the grant of interim maintenance to a woman by her estranged husband, noted that 'professional potentiality' and 'ability to earn' of a man needs to be taken into account while deciding the claim. The estranged husband was out of a job when maintenance was granted by a family court, and hence, he had challenged the order in the High Court. Justice Dr Shalini Phansalkar Joshi rejected the plea filed by the estranged husband against an order directing him to pay Rs 30,000 per month to the woman. It said, "In the instant case, if one has regard to the rich experience the petitioner is having in his job, his potentiality, his present status as Member of John Maxwell Team (a group of certified coaches, trainers, speakers, mentors, and professionals), then it follows that at present also he must be earning substantial sum." It added, "Whereas wife is not having any source of income and now she also cannot support herself when the job ...
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‘₹4K monthly maintenance not harsh in city like Delhi’ 3.10.2017 Hindu: Cities
A Delhi court has refused to set aside ₹4,000 maintenance awarded to a woman from her estranged husband in a domestic violence case, saying it was not harsh considering the cost of living in the city...
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Why triple talaq ban is nothing more than just a stamp on paper 24.9.2017 India Today| Must Read
The court banned instant triple talaq for six months and asked the government to frame new legislation to replace the abolished practice.
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Court rejects Peter Mukerjea's plea 23.9.2017 DNA: Money
The Special Central Bureau of Investigation (CBI) court on Friday, for the second time, rejected the application filed by accused Peter Mukerjea, husband of accused Indrani Mukerjea, in which he had pleaded the court to direct the police to produce the case diary. The application was rejected on the grounds that the defence's plea is a futile exercise and that the diary can in no way be termed as "previous statement of the witnesses" as claimed by the defence. The court held that the case diary, which the defence is seeking, is of the offence which was registered against the accused-turned-approver, Syamwar Rai, under the Indian Arms Act, where he is still an accused. The court was hearing the application afresh after the Bombay High Court directed the trial court to do so. The CBI raised its objection on the demand. "The maintenance of a weekly or monthly diary is not mandatory for police officials and the case diary cannot be used as evidence. The sole purpose of the application is to delay the trial," ...
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Supreme Court relaxes procedure of granting mutual consent divorce 13.9.2017 New Kerala: India News
By Shreenivash, New Delhi [India], September 13 : Pronouncing a path breaking judgement on Tuesday, Supreme Court has relaxed the procedure of granting divorce on the ground of mutual consent.
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Mutual consent, 6-month cooling-off period not mandatory for divorce: SC 13.9.2017 Business Standard: News Now
A bench of justice Adesh Kumar Goyal and UU Lalit in its order said that 'we are in the view that period of mentioned in section 13B (2) of Hindu Marriage Act is not mandatory but directory'
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Only one talaq case at Shariat court after SC judgement 13.9.2017 DNA: Opinion
Within a month of a historic judgement given by Supreme Court (SC) on triple talaq, the Muslim community has seen a change in their community. The Shariat Adalat (court) in Mumbai claims the number of people coming with triple talaq complaints has seen a significant decline. This year, since January till the SC judgement on August 22, the court had registered 118 such cases. While since August 23 till date only one legal talaq case has been registered. Khatoon Shaikh, Qazi at Shariat Adalat, said, "It is amazing to see that after the judgement passed by SC the number has gone down incredibly. Every month we get at least 10 cases. This is first time that we got one in 20 days." The talaq case has been filed by a 24-year-old Bharat Nagar resident because his wife is not ready to take talaq orally which he gave a month ago in front of their family members before the judgement. "They have a marital dispute due to which he wants to give talaq to his wife. They have been married for four years. While the wife ...
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Children’s report cards play key role in custody war: SC 6.9.2017 TOI: India
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Who is Shayara Bano, the triple talaq crusader 2.9.2017 Hindu: Home
Shayara Bano, a 35-year-old woman from Uttarakhand, emerged as the defining persona in the legal battle against the patriarchal custom.
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Does triple talaq verdict open a path to circumvent archaic personal laws? 28.8.2017 India Today | February 13, 2012
At the centre of the trial was the intense personal drama of Muslim women's lives, caught in the clash between tradition and modernity, religion and law.
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Triple Talaq verdict: a battle won, but the war remains 28.8.2017 HBL: Columns
The SC’s welcome verdict should bring public attention to the problems and needs of separated and divorced women across all religious communities in India
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Strict law needed for financial security of divorced women: Shah Bano`s daughter 24.8.2017 Zee News : India National
The Supreme Court's verdict on triple talaq will help the poor and illiterate women, but a stringent law is needed for the financial security of the community's divorced women, says Siddiqua Begum, the daughter of Shah Bano whose case for maintenance was a legal landmark.
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A just verdict 23.8.2017 HBL: Opinion
The Supreme Court has managed a fine balance between gender justice and religious freedom by striking down instant talaq
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SC quashes Triple Talaq; calls it unconstitutional, against Quran 23.8.2017 Central Chronicle » Nation
Agencies, New Delhi By a 3:2 majority, a five-judge bench of the Supreme Court today... more »
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Rajiv Gandhi had overturned SC`s verdict on Shah Bano case, now Rahul welcomes triple talaq judgement – How Congress has transitioned 23.8.2017 Zee News : India National
The Supreme Court on Tuesday put the curtains down on a 1,400 year old practice of 'triple talaq' among Muslims.
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All hail the judgement... well, almost 23.8.2017 DNA: India
The Supreme Court on Tuesday delivered one of its most momentous judgments in the history of independent India when a five-judge bench deemed it unconstitutional for a Muslim to divorce his wife by the mere utterance of ‘Talaq’ in quick succession.  The verdict came at the end of a long and often-acrimonious debate about the rights of Muslim women and how Muslim personal laws could fit into the framework of the Indian Constitution without upsetting either the rights of individuals or the community at large. Starting with the Shah Bano case in the Eighties, when the Congress party caved into the demands of the Muslim clergy, and fundamentalist elements, and used it Parliamentary majority to overturn a Supreme Court ruling on alimony arising out of instant triple talaq.  Now, after almost three decades, the apex court has finally ruled it void and has asked Parliament to legislate new law that embodies the changed perspective. Ironically, this time, too, a single party holds a majority in the Lok Sabha, ...
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Dumped women blame individuals for talaq 23.8.2017 Hindu: Hyderabad
‘Flaw is not in the religion which laid down clear procedure for giving talaq’
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Why triple talaq verdict will help BJP implement Uniform Civil Code 22.8.2017 India Today| Must Read
The Uniform Civil Code was discussed in BJP's manifesto for the 2014 Lok Sabha elections.
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Pakistan, Egypt among 19 countries that have abolished triple talaq 22.8.2017 Zee News : South Asia
Supreme Court cited laws from 19 countries which have abolished the practice of triple talaq.
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Pakistan, Egypt among 19 countries that have abolished triple talaq 22.8.2017 All News-IANS Stories
The Supreme Court, in its judgment declaring instant triple talaq as unconstitutional, has cited laws from 19 countries including Pakistan and Egypt which have abolished the practice.
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