The Allahabad High Court has recently upheld the order of the Family Court and rejected the petition of the man, directing him to pay Rs 3000 monthly interim maintenance to the wife till the divorce petition is pending.
The petitioner said the dismissal order passed solely on account of him having maintained a live-in relationship outside marria ge deserves to be set aside as the punishment is too harsh and he should be given the benefit of Supreme Court order on a similar case
The Gujarat High Court division bench directed an 18-year-old girl's parents to not harass her for wanting to marry a boy after him attaining the age of marriage.
The petitioner relied on the said application that marriage of the parties was solemnised according to Hindu rites and ceremonies, hence divorce to be granted according to the Hindu Marriage Act, 1955.
An application has been filed in Supreme Court, opposing the PIL filed by BJP leader and Supreme Court advocate Ashwini Kumar Upadhyay for uniformity in personal laws regulating divorce, maintenance and alimony for citizens of India.
A division bench of the high court preside boer Chief Justice D N Patel and Justice Jasmeet Singh adjourned the matter for further hearing on April 20.
In a sign of hope, courts have taken a progressive view of such marriages and left it to individuals to decide who they should marry. In some cases, states have been pulled up for their narrow views.
The Court has framed guidelines for maintenance and it includes payment, criteria for determining the quantum and date from when it has to be awarded. It also covers overlapping jurisdiction on the issue.
The Supreme Court has sought the Central government's response on a plea seeking "gender and religion-neutral uniform grounds of maintenance and alimony" for all Indian citizens in the spirit of Articles 14, 15, 21, 44 of the Constitution and international conventions.