The Kerala High Court held that Section 498A IPC cannot be invoked when the marriage itself is annulled by a competent court. In absence of a valid marital relationship, criminal prosecution for cruelty against a woman is legally unsustainable. KERALA: The Kerala High Court has held that the offence of cruelty against a woman under…
Non-payment of maintenance can trigger coercive court action, including warrants and civil jail, even when inability—not refusal—is the cause. When a husband genuinely lacks income, the law still moves faster to punish than to verify hardship. Indian law often punishes financial distress first and verifies hardship later, leaving genuine cases trapped in enforcement abuse. New […]
The Chhattisgarh High Court refused to give custody of a 7-year-old child to the father who was living with a second wife without divorce. The Court ruled that financial strength cannot override a child’s emotional safety and welfare with the mother. BILASPUR: The Chhattisgarh High Court has upheld a Family Court order refusing to transfer…
The Patna High Court has quashed criminal proceedings against a husband’s relatives, holding that cruelty allegations fail when there is no shared residence or real interaction. The ruling reinforces judicial caution against vague and omnibus matrimonial complaints that unnecessarily drag entire families into criminal trials. Patna: The Patna High Court quashed criminal proceedings against the…
Ex-CJI Chandrachud said Indian law still does not allow a wife to complain of marital rape and admitted this was his biggest regret. He said the law must change, even as men continue to face criminal liability for other acts within marriage without equal legal clarity. RAJASTHAN: Former Chief Justice of India DY Chandrachud has…
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