Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
A husband died by suicide after his wife left the matrimonial home, filed an FIR and initiated maintenance proceedings, while his suicide note blamed her family. But can even an allegedly false matrimonial FIR make the wife’s family guilty of abetment when there was no instigation or intentional aid?
The Madhya Pradesh High Court upheld the Family Court’s decision to admit WhatsApp chats, allegedly showing a wife’s extramarital relationship, as evidence in divorce proceedings. Despite objections around privacy and data collection without consent, the Court emphasized the broader need for fair trial and held that Family Courts may admit relevant material—even if such evidence […]
The Karnataka High Court has dismissed a criminal appeal against the acquittal of a father accused of sexually assaulting his minor daughter. After examining the evidence, the Court found the prosecution’s case riddled with inconsistencies, procedural lapses, and lack of independent corroboration. The judgment highlights how the legal system must remain cautious and evidence-focused, particularly […]
The Madras High Court recently set aside a Family Court order and granted divorce to a man who had been estranged from his wife for over eight years. The wife had earlier made serious, unproven allegations of sexual harassment against the husband and his father, which were later withdrawn. The Court held that such unsubstantiated […]
The Orissa High Court upheld a divorce granted to a husband who faced repeated humiliation from his wife over his physical disability. The court concluded that such comments constituted mental cruelty under the Hindu Marriage Act. Brief Facts of the Case The couple got married on 1st June 2016. The husband, who is physically disabled, […]
Summary The Supreme Court granted bail to a man who was jailed for nearly six months under the Uttarakhand Freedom of Religion Act, 2018 and sections of Bharatiya Nyaya Sanhita, merely for marrying a woman of another faith in an arranged marriage. The Court noted that the marriage was consensual and arranged by both families, […]
Summary: The Supreme Court of India quashed a long-pending 498A FIR filed by a policewoman against her husband and his entire family. The Court found the allegations vague, unsupported by evidence, and raised after an unexplained delay of three years. The Court recognized that pursuing a criminal trial based on such a complaint would be […]
Summary: In a matrimonial appeal from a husband challenging a divorce granted on grounds of cruelty, the Kerala High Court upheld the Family Court’s decision. Despite multiple earlier criminal cases resulting in acquittals or being withdrawn, the court still ruled in favor of the wife, citing past incidents and assumptions about the husband’s behavior, including […]
Summary: The Himachal Pradesh High Court granted bail to an accused arrested under charges of rape and deception after a brief online acquaintance led to a physical relationship. The Court observed that custodial detention before trial should not be used as punishment, particularly where facts involve mutual adult interaction and require full trial to determine […]
Summary The Allahabad High Court set aside a family court order that had denied an early divorce petition filed jointly under mutual consent. The Court held that the one-year waiting period under Section 14 of the Hindu Marriage Act could be relaxed due to exceptional hardship and hostile matrimonial circumstances, allowing the couple to proceed […]
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