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Cross-Border Child Custody|Andhra Pradesh HC|Pavan Kumar V. Maheshwari(2025)|Produce the Child before Court or Face Jail: Court Issues Ultimatum to Wife in a 7 Year US–India Custody Battle
In a significant ruling on cross-border child custody, the Andhra Pradesh High Court held the mother in contempt for wilfully failing to produce the child in an ongoing US–India dispute. The judgment clarifies the enforceability of domestic court orders despite foreign jurisdiction claims, applies the principles of wilful disobedience, and sets an important precedent for international custody enforcement in India.
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Child Custody| Supreme Court| M. v. D. (2016)
This case was a landmark judgment related to the custody of children and the role of the father in child rearing. The Supreme Court ruled that the father has a fundamental right to seek custody of his children, even if the mother is the primary caregiver. This case shifted the traditional perception that mothers are always the preferred custodians and emphasized the importance of equal parenting.
1 min read
Child Custody| Supreme Court| V. D. S. A. v. S. A. (2009)
This case dealt with the issue of child custody and the welfare of the child in divorce proceedings. The Supreme Court ruled that the paramount consideration in child custody matters is the best interest of the child, and that both parents must have an equal say in the upbringing of the child. The judgment reinforced the idea that the custody of children should not be solely determined by the legal rights of the parents but should prioritize the emotional and developmental ne
1 min read
Maintenance and Alimony| Supreme Court| Rajnesh v. Neha (2020)
This recent case dealt with the issue of the quantum of maintenance in divorce proceedings. The Supreme Court provided detailed guidelines on how to determine the amount of maintenance payable to the wife after divorce. The judgment emphasized the need for transparency and clarity in determining maintenance and introduced a formula for calculating the maintenance based on the husband's income and the wife's needs. The case was significant in establishing a more standardized a
1 min read
Maintenance and Alimony | Supreme Court| Vinny Parmvir Parmar v. Parmvir Parmar (2011)
In Vinny Parmvir Parmar v. Parmvir Parmar while dealing with the concept of permanent alimony, the Supreme Court has observed that while granting permanent alimony, the Court is required to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the
1 min read
Cruelty in Marriage| Supreme Court| Maya Devi v. Jagdish Prasad (2007)
In this case, the husband alleged that his wife, Mrs. Maya, does not provide food to him, used to threaten him to implicate false charges of dowry against him or his family and often said that she will kill his whole family. After considering all the facts and circumstances of the case, the Supreme Court held that “although the expression of cruelty has not been defined in the Act, it may be physical or mental, direct or indirect. And in this case, the acts of the responden
1 min read
Cruelty in Marriage| Supreme Court |Jayachandra v. Aneel Kaur (2005)
Jayachandra v. Aneel Kaur further refined the test for cruelty. The Supreme Court maintained that the conduct complained of must be of such a nature that it creates an environment where the aggrieved spouse is unable to live with the other without experiencing continuous mental torture, agony, or distress. This test requires the Court to weigh the nature and frequency of the abusive conduct against the overall impact on the complaining spouse’s mental well-being.
1 min read
Cruelty in Marriage| Supreme Court| Vijay Kumar Ramchandra Bhate v. Neela Vijay Kumar Bhate (2003)
In this case, the Supreme Court addressed the issue of character assassination and its impact on the marital relationship. The Court held that disgusting and unsubstantiated allegations regarding a spouse’s chastity and extra-marital relationships are a grave assault on the spouse’s honor and dignity. Such defamatory accusations, when made in the course of legal proceedings or cross-examinations, can amount to mental cruelty. The judgement underscored that the quality and m
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Cruelty in Marriage| Supreme Court| Rani Narasimha Sastry v. Rani Suneela Rani (2020)
The judgement in Rani Narasimha Sastry dealt with the complexities surrounding domestic complaints. The Court made it clear that the mere act of filing a complaint, such as one for maintenance or domestic violence, cannot be equated with cruelty unless accompanied by substantive evidence. However, if a complaint is filed and later found to be baseless or the accused is acquitted, it can be inferred that the filing of the complaint itself might have been used as a tool of ha
1 min read
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