Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
Can repeatedly pursuing criminal and domestic violence proceedings against a husband even after adverse court orders amount to matrimonial cruelty? The Chhattisgarh High Court answered this while granting divorce to a husband whose earlier plea the Family Court had rejected.
Can a husband force movement in a 498A or BNS 85 case that has dragged on for years? The Supreme Court recognises speedy trial as a fundamental right, but getting a fixed deadline is not automatic.
Can a husband directly approach the High Court to stop his wife’s restitution of conjugal rights case if he claims it was filed only to harass him? The Madhya Pradesh High Court has explained why Article 227 cannot be used to bypass the procedure available before the Family Court.
Can a wife repeatedly accuse her Army officer husband of an illicit relationship with his sister-in-law and send those allegations to his military superiors without proving them? The Himachal Pradesh High Court has explained when such accusations cross the line into mental cruelty.
Can a consensual relationship between two engaged adults become rape simply because their engagement later breaks down? The Rajasthan High Court has quashed the rape case against cricketer Shivalik Sharma after examining the nature of their relationship.
Can the same woman’s testimony be rejected for kidnapping but accepted to convict a man of rape? The Supreme Court acquitted a man after finding serious contradictions in the evidence and ruled that a criminal conviction requires credible, hard evidence.
Can a long consensual relationship between two married adults later support a rape prosecution based on an alleged promise of marriage? The Allahabad High Court examined the prosecution’s own material and discharged Congress MP Rakesh Rathore from all charges.
Can a wife keep the husband’s entire family in a domestic violence case without stating what each relative actually did? A Faridabad court has discharged three in-laws after finding the allegations vague, general and insufficient to continue proceedings against them.
Can a consensual relationship between two adults turn into a rape prosecution after it breaks down, especially when Section 376 IPC was not even in the original FIR? The Supreme Court has now stayed further Trial Court proceedings against the man while examining his challenge.
A husband suffering from blood cancer was required to travel around 370 km to contest the maintenance proceedings filed by his wife and children. Why did the Madras High Court decide to shift the case closer to him?
Every case is different. Book a consultation with Shonee Kapoor for specific, practical guidance.
