Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
Why did a Delhi court discharge a husband’s elder brother from a sexual harassment-related charge made by his sister-in-law? The court examined the four-year delay, earlier litigation, her previous statements and the accused’s official railway duty record before finding that the material did not raise grave suspicion against him.
In a maintenance case, the wife’s actual income, employment history, professional qualifications and financial resources can be relevant to determining the amount of maintenance. Evidence may include salary slips, bank statements, ITRs, employment records and the mandatory assets-and-liabilities disclosure contemplated in Rajnesh v. Neha. However, merely showing that a wife is educated or capable of earning does not automatically defeat her maintenance claim; the court must consider her actual financial position and whether her independent income is sufficient in the circumstances.
The Madras High Court granted divorce to a CRPF constable who alleged that his wife had developed an adulterous relationship while his job required him to remain away from home for long periods. The Court held that adultery is generally committed in secrecy and direct proof of sexual intercourse is rarely available; therefore, it can be established through convincing circumstantial evidence. Considering witness testimony, a photograph showing close proximity, a police complaint by the alleged paramour’s wife and other surrounding circumstances, the Court found the evidence sufficient to dissolve the marriage on the ground of adultery.
The Jharkhand High Court rejected a husband’s plea to annul his marriage on the ground that his wife had allegedly concealed a pre-existing medical condition affecting her ability to conceive. The Court held that every concealment or misrepresentation does not amount to “fraud” under the Hindu Marriage Act and noted that the evidence showed the husband was aware of his wife’s medical condition years earlier. It also clarified that the Contract Act’s definition of fraud cannot simply be imported into matrimonial law.
Can a husband be ordered to pay Rs 10 lakh permanent alimony merely because the court assumes he must be earning well? The Bombay High Court has set aside such an award and ordered a fresh assessment based on actual financial evidence.
The Delhi High Court reiterated that every matrimonial disagreement or ordinary family friction cannot be elevated into criminal cruelty under Section 498A IPC. Vague allegations, casual taunts and general assertions without specific acts capable of satisfying the statutory ingredients of cruelty may not justify continuing criminal proceedings. Courts have repeatedly cautioned against dragging relatives into matrimonial prosecutions through sweeping or omnibus allegations.
Nagpur’s Mankapur Police registered a case against a 26-year-old woman after a medical store owner alleged that she demanded ₹2.5 lakh from his wife and threatened to implicate him in false rape, molestation and cheating cases if the money was not paid. Police are treating the accusations as allegations and are investigating both sides, as the woman has also filed a counter-complaint against the medical store owner alleging that he made an obscene offer to her. No arrest had been made at the time of the report.
The Madhya Pradesh High Court examined a bigamy allegation involving a married man who had allegedly eloped with his wife’s cousin. The Court considered whether the complainant must prove the actual performance of Saptapadi to establish the alleged second marriage. The legal position is that a bigamy prosecution requires proof that the second marriage was validly solemnised through ceremonies essential under the law or applicable custom; Saptapadi is therefore not an inflexible requirement in every case if a valid marriage can otherwise be established under the applicable customary rites.
The Chhattisgarh High Court granted divorce to a husband after finding that the wife’s conduct, viewed cumulatively, amounted to mental cruelty. The Court considered her repeated pressure on the husband to live separately from his old and ailing mother, frequent matrimonial disputes and a dowry-harassment criminal case in which the husband was subsequently acquitted. It held that these circumstances had seriously damaged the matrimonial relationship and justified dissolution of the marriage.
The Madras High Court granted bail to a man accused of sending intimate photographs of his former girlfriend to her prospective groom and their families, allegedly resulting in the marriage being called off. The Court considered that he had spent more than 61 days in custody and that the investigation had already been completed, making further incarceration unnecessary at that stage. Bail was granted subject to conditions intended to prevent interference with the complainant, witnesses or evidence.
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