Tag: Divorce

  • Can Divorced Muslim Women Seek Alimony Under CrPC Instead Of Personal Law? Supreme Court Says This |

    Muslim marriages are mostly governed by Personal Laws. Their divorce was also governed using the law until the introduction of the Triple Talaq Act which criminalised the instant divorce. Now, a case has come to light where a Muslim woman approached the court seeking alimony under the Code of Criminal Procedure. The Supreme Court today ruled that a divorced Muslim woman is entitled to seek alimony from her husband under Section 125 of the Code of Criminal Procedure. This significant judgment was delivered by a bench consisting of Justice BV Nagarathna and Justice Augustine George Masih, who dismissed a petition by a Muslim man challenging the order to pay maintenance to his divorced wife under the CrPC.

    The bench clarified that the law for seeking maintenance applies to all married women, regardless of their religion. Justice BV Nagarathna and Justice Augustine George Masih delivered separate, but concurrent, judgments to this effect.

    “We are hereby dismissing the criminal appeal with the major conclusion that Section 125 CrPC would be applicable to all woman and not just married woman,” reported Bar and Bench quoting Justice Nagarathna.

    The petition before the Supreme Court arose from a grievance regarding a maintenance claim filed under Section 125 of the CrPC by a Muslim woman, who was the petitioner’s wife before their divorce. 

    The issue originated from a Family Court order directing the petitioner to pay interim maintenance of Rs 20,000 per month. The petitioner challenged this order in the High Court, arguing that the couple had divorced under Muslim personal law in 2017.

    The High Court subsequently modified the maintenance amount to Rs 10,000 per month and instructed the Family Court to resolve the case within six months. The matter then reached the Supreme Court.

  • Man Sues Apple After Wife Reads Deleted iMessage Chats With Sex Workers |

    New Delhi: USA Tech giant Apple is being blamed and sued by a British businessman for his costly divorce. Now, a British man is suing an iPhone maker for approximately Rs 53 crore. The whole incident arose after his messages to sex workers which he thought were deleted, showed up on the family iMac and read by the man’s wife, leading to divorce proceedings. 

    The middle-aged man, known only as Richard, also claims that the tech giant Apple has failed to inform users that deleting a message on one device does not remove it from all linked devices, as reported by The Times. The man has reportedly called upon London-based law firm Rosenblatt to file a lawsuit against the iPhone maker. However, the roughly Rs 53 crore lawsuit is to seek compensation for the financial losses incurred from the divorce and legal fees. 

    Deleted Message Recovered 

    A man, who chose to remain anonymous, had used iMessage to communicate with sex workers. He thought he had deleted the incriminating messages from his iPhone. Unfortunately, he overlooked the synchronization feature of devices linked by the same Apple ID. 

    In the end, the messages remained accessible on the family’s iMac, leading his wife to file for divorce. 

    Impact On Marriage: 

    He described divorce as an “extraordinarily stressful process,” especially when children and family dynamics are involved. He blamed the ordeal on Apple’s incorrect notification that his messages were deleted, which they were not. He noted that a message confirming the deletion on the device would have been a helpful indication. 

    He described divorce as an “extraordinarily stressful process,” particularly when children and family dynamics come into play. He attributed the ordeal to Apple’s incorrect notification that his messages were deleted, which they were not. He mentioned that a more rational conversation could have saved his marriage if the messages hadn’t been discovered in such a harsh manner.