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Delhi High Court on Maintenance and Foreign Divorce Proceedings: Harmeeta Singh v. Rajat Taneja (2003)
In Harmeeta Singh v. Rajat Taneja , 102 (2003) DLT 822, the Delhi High Court dealt with a case where the wife was deserted by her husband within six months of marriage. She had been compelled to leave the matrimonial home just three months after joining her husband in the United States. The wife subsequently filed a suit for maintenance under the Hindu Adoptions and Maintenance Act, 1956 in India. During the pendency of the case, the High Court passed an important interim or
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Gujarat High Court: Divorce Abroad Not Valid for Marriages Solemnised in India
In a combined judgment on two appeals filed by the wife against the Family Court’s order dated 31-3-2023, which rejected her plea declaring an Australian divorce decree null and void and seeking restitution of conjugal rights, the Gujarat High Court Division Bench of Justices A.Y. Kogje and N.S. Sanjay Gowda set aside the order. The Court held the husband could not initiate divorce proceedings in Australia if the marriage was solemnised in India, even if both parties had fore
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Kerala High Court: Father’s Custody Order Set Aside, Highlights Need for Credible Evidence on Postpartum Depression
In a petition challenging the Family Court’s decision, which found that the mother was suffering from psychiatric disorders and granted permanent child custody to the father, the Division Bench of Justices Devan Ramachandran and M.B. Snehalatha, JJ. while setting aside the impugned orders, observed that postpartum depression, while common in some women, is typically temporary and does not persist indefinitely. The Bench emphasized that alleging that the mother was still suffe
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Delhi High Court: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence
In the present case dealing with forcible removal of minor child by parent to new place, an appeal was filed by the wife challenging the order dated 15-4-2024, whereby the guardianship petition filed by the wife under Sections 7, 8, 9 and 25 of the Guardians and Wards Act, 1890 (‘G&W Act’) was rejected. Further, the petition was also filed by the husband praying for a writ of Habeas Corpus, directing the production of the male minor child of the parties, and further seeking p
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