The Karnataka High Court has quashed a family court order that refused to pay delivery money from her husband to a woman living separately from her husband.
The family court had said that, "This is her first delivery, so according to the custom of all communities it is the duty of her (woman's) parents to bear the expenses". Justice Alok Aradhe family The court has quashed the order in which the application filed by Shaista Sultana was rejected.
The High Court stated that- "No concrete reason has been given by the Family Court to reject the petition filed on behalf of the petitioner, just the conclusion has been recorded, it seems that the decision of the Presiding Officer of the Family Court Gave based on personal knowledge. This order is not esoteric or clear and suffers from a defect in the mind not being exercised properly, therefore, it cannot stand in the eyes of the law. " Had approached the High Court challenging an order given on 2018. In this order, the family court had rejected the woman's plea in which she had demanded Rs 1,50,000 from her husband.
Advocate R. Rashmi, appearing on behalf of the petitioner, argued that "the said order is abusive, arbitrary and that the order has been given without mind." The order passed by supported. The High Court, after looking at the arguments given by both the parties and relying on two decisions of the Supreme Court, quashed the order of the Family Court.
The High Court has directed the Family Court to renew the application made by the woman within three weeks of the receipt of the order and for this the parties should be given an opportunity to be heard or put their side. At the same time, both sides have been asked to cooperate in the proceedings and not to avoid hearing the case unnecessarily.
JUDGMENT HERE
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