FATHER IN LIVE-IN RELATION CANNOT GET CHILD’S CUSTODY: PUNJAB AND HARYANA HIGH COURT

The Punjab and Haryana High Court has held that if custody of a child is granted to a person in a “live-in” relationship without dissolution of previous marriage, there are chances that the child would learn that live-in relationships are the way of life. The court passed the order and dismissed an appeal filed by a Hisar resident challenging the decision of a family court Hisar on child custody. The court cannot approve this kind of social set up, because it would give a wrong signal to the society at large and would create an adverse impact on the tender mind of the minor child, especially a girl child,” the bench observed in its detailed order.

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TIMES OF INDIA NEWSPAPER

CUSTOMARY DIVORCE FROM WIFE NO LICENCE TO REMARRY: SUPREME COURT

The Supreme Court said that marrying a second time on the basis of a “customary divorce” from the first wife will render the second marriage invalid as the law stipulates that a man and woman are permitted to tie the nuptial knot only if they do not have a living spouse. This decision came in the case of an inter-caste marriage solemnised in 2010. The marriage developed strains allegedly because of the husband’s drunken habits and matrimonial torture inflicted on the wife. While leaving for her parental home with her belongings, she discovered a marriage dissolution deed of her husband from his first wife and later moved a Pune court seeking her marriage to be declared void.

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TIMES OF INDIA NEWSPAPER

THREE-JUDGE BENCH OF SUPREME COURT TO DECIDE VALIDITY OF PROVISIONS GOVERNING RESTITUTION OF CONJUGAL RIGHTS

The Supreme Court referred to a three-judge bench a plea challenging the Constitutional validity of provisions in matrimonial laws empowering courts to ask estranged spouses to “cohabit” and “take part in sexual intercourse”. The plea said that these laws treat women as “chattel” and are violative of fundamental rights including the right to privacy. The petition filed by two law students, challenging the validity of section 9 of the Hindu Marriage Act (HMA), Section 22 of the Special Marriage Act (SMA) and certain provisions of the Code of Civil Procedure (CPC).

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TIMES OF INDIA NEWSPAPER AND INDIAN EXPRESS NEWSPAPER

TIMES OF INDIA NEWSPAPER

INDIAN EXPRESS NEWSPAPER

EVEN MARRIAGE IS ILLEGAL, BUT CHILD CAN GET FATHER’S JOB: BOMBAY HIGH COURT

The Bombay high court has ruled that a child born of an illegal second marriage of a railway employee can still be eligible for a job on compassionate grounds after his father dies. The court directed Central Railway to consider the job application filed by a Vithalwadi resident, whose father had died while in service, on compassionate grounds. The Railway employee died in 2003. The railways rejected the application of his son saying his mother had married his father, while the latter was still married to his first wife.

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TIMES OF INDIA NEWSPAPER