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Shared Parenting recommended in Child Custody Cases – Savitha Seetharam vs Rajiv Vijayasarathy Rathnam – Karnataka High Court judgment

This recent judgment is probably the first from an Indian High Court which promotes the concept of Shared Parenting based on latest recommendations of various judicial precedents from Indian Supreme Court and various High Courts, international laws, Law Commission report no 257 on Shared Parenting, and United Nations Conventions on the Rights of Child.  This […]

SC grants divorce due to acquittal of husband in IPC 498A case deeming it as Cruelty

In a first of its kind decision the Supreme Court has granted divorce to husband on grounds of cruelty by wife due to acquittal in IPC 498A case – when the same had been rejected both by Trial Court and High Court. Use of IPC 498A cases as leverage Filing of IPC 498A cases by […]

How to deal with police at Complaint stage, CAW stage, and after FIR is filed under IPC 498A/406 etc? CrPC 41A Notice Acknowledgment

In matrimonial cases which result in FIRs under sections like IPC 498A/406 etc, there are 3 possibilities or 3 stages a case may proceed. Stage 1: Complaint by wife/in-laws is filed with police. At this stage it may be a verbal or written complaint to police, but it has not been converted into an FIR […]

On what grounds or ways could a husband avoid alimony in India? – previously Quora answer

Below is a question on Quora site which I had answered quite a while back. Question: On what grounds or ways could a husband avoid alimony in India? Quora moderators deleted my answer to above assuming it’s not helpful or ‘spammy’ filled with sales links etc.  Since they can’t appreciate why a ‘spammy’ answer like […]

Basics of Parenting Plan in Child Custody/Visitation decisions

The concept of parenting plan in child custody/interim custody/child visitation decisions is relatively new in India.  The main reasons are this are to do with both statute, and also how historical precedents in child custody cases have considered child custody to be a decision about whether sole custody of child to be given to mother […]

Child custody arguments–Bad outcomes for children raised by single mother/parent

It was covered in an earlier article that there are no studies or research done in India on effect of divorce/separation on children. Western research points to worse outcomes for children raised in single parent/mother families.  There is ample amount of research and studies done in Western countries about effects on children on being raised […]

Child custody arguments: No studies done in India on effect of divorce/separation on children

No studies have been done in India on what is the effect of divorce/separation of parents on child(ren).  The default mindset and mode of deciding about custody so far in India is to grant it to the existing custodial parent parent with whom child is already settled, and so mostly custody gets awarded to the […]

Parental Alienation Syndrome in children acknowledged by Supreme Court in child custody case

Vivek Singh Vs Romani Singh – CIVIL APPEAL NO. 3962 OF 2016 – SC Feb 2017 Above SC judgment recognized the phenomenon of Parental Alienation Syndrome which children undergoing situation of separated/divorced parents can go through. Excerpt from judgment below: + Psychologist term it as ‘The Parental Alienation Syndrome’ . It has at least two […]

Delhi HC refuses to increase maintenance amount merely because husband works in Dubai and earns in foreign currency

One of the criteria in deciding maintenance to wife is the standard of living wife was used to at time of separation.  Another is the income and expenses of the parties.  In this 2016 Delhi High Court judgment, wife had applied for increase in maintenance amount awarded by family court by giving the reasoning that […]

Maintenance to wife cannot be a condition of anticipatory bail: SC judgment

It has been heard from men facing cases arising out of matrimonial issues especially in Bihar that it is common to suggest to husband and impose upon him to pay monthly maintenance to wife as a condition to grant him (and family if applicable) anticipatory bail under IPC sections 498A, 406 etc.  This Supreme Court […]

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