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The Supreme Court, in Samir Vidyasagar Bhardwaj vs Nandita Samir Bhardwaj, has upheld an interim order by a family court in Maharashtra, which directed a husband to remove himself from his own home and not to visit there until the divorce petition under challenge is finally decided. The apex court, on an appeal by the husband, observed that Section 19(1)(b) of the Protection of Women Domestic Violence Act provides that the court may direct the husband to remove himself from the shared household. Article referred: http://www.livelaw.in/sc-upholds-family-court-order-asking-husband-vacate-home-pendency-divorce-case/

Quashing a family court verdict, the Nagpur bench of Bombay High Court allowed an Amravati woman to end her marriage by ruling that “suspecting wife’s character is cruelty to her”. The wife, an engineer, had approached the family court for divorce after 13 years of tumultuous marriage citing her husband’s supposed inferiority complex and continual ill-treatment, including bouts of physical abuse. “It is clear husband’s conduct in suspecting wife’s character, physically assaulting and harassing her, as she was coming home late from work due to nature of her job, are the facts duly established amounting to cruelty. Therefore, the wife is entitled to a decree of divorce on same ground,” a bench of Justice Vasanti Naik and Justice Indira Jain held. After entering into matrimony on March 11, 2000, the couple started residing in Wardha in a joint family. Soon cracks appeared in marriage as petitioner’s in-laws were allegedly uncomfortable with her educational qualifications. Though she op...

A Suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, the Supreme Court has held in BALRAM YADAV VS. FULMANIYA YADAV. Division Bench comprising of Justices Kurian Joseph and R.F. Nariman set aside Chattisgarh High Court judgment which had held that a negative declaration with respect to matrimonial status was outside the jurisdiction of the Family Court. The Referring to relevant provisions of Family Courts Act, Hindu Marriage Act and the Code of Civil Procedure, the Bench held “Under Section 7(1) Explanation (b), a Suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8, all those jurisdictions covered under Section 7 are excluded from the purview of the jurisdiction of the Civil Courts. In case, there is a dispute on the matrimonial sta...