Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
Can the husband’s relatives be forced to face a 498A criminal trial on vague allegations, especially when the alleged acts happened outside India? The Andhra Pradesh High Court quashed proceedings against an NRI brother-in-law and sister-in-law, finding both a legal defect under Section 188 CrPC and vague, omnibus allegations.
The Allahabad High Court refused to quash criminal proceedings against a husband accused of submitting a forged bank statement during a long-running maintenance case. The Court said filing such a document is an “insult to the majesty of law” and must be tested through trial. PRAYAGRAJ: The Allahabad High Court has dismissed an application filed…
The Orissa High Court has ruled that a father cannot be refused custody of his minor child merely because he could not produce the child’s birth certificate. The Court stressed that admitted facts need not be proved and the welfare of the child must come first. CUTTACK: The Orissa High Court has delivered an important…
The Delhi High Court upheld a Family Court decree granting divorce after finding that the marriage was never consummated and the wife had wilfully refused physical intimacy. The Court held that such refusal amounts to mental cruelty and long separation shows the marriage had broken early. NEW DELHI: The Delhi High Court upheld a divorce…
Delhi High Court has ruled that a daughter can independently claim her share in HUF property even if her father earlier signed a family settlement. The Court said a minor daughter cannot be bound by a compromise done between adults. Daughter’s Property Share Cannot Be Denied: The Delhi High Court has made a ruling protecting…
The Delhi High Court has ruled that a woman’s right to a shared household under the Domestic Violence Act is a protective right—not a right to permanently stay in her in-laws’ home when it harms senior citizens. The Court upheld an order directing the woman to shift to a fully-funded alternate accommodation. NEW DELHI: In…
The Madhya Pradesh High Court confirmed a divorce decree based on photographs showing the wife’s adultery, ruling that a Section 65B certificate is not compulsory in matrimonial disputes. The Court held that Family Courts can accept any evidence that helps discover the truth, even if it does not meet strict Evidence Act standards. JABALPUR: The…
The Patna High Court has held that a husband cannot avoid paying maintenance by merely alleging that his wife deserted him. Such allegations must first be proved in matrimonial court before they can affect maintenance rights. BIHAR: The Patna High Court has once again made it clear that a wife’s legal right to maintenance under…
The Supreme Court upheld the divorce of a judicial officer and his wife and increased her permanent alimony from ₹30 lakh to ₹50 lakh. The Court said a wife is entitled to a lifestyle similar to what she enjoyed during the marriage. Wife Must Live Same Standard as During Marriage: The Supreme Court of India…
The Supreme Court dissolved a marriage from 1980 after the couple lived apart for nearly 30 years. The Court used Article 142, noting the wife’s absence from all proceedings and allowing her six months to seek alimony. Supreme Court Finally Frees Man Trapped in a Dead Marriage: The Supreme Court of India finally ended a…
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