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?
Summary The Supreme Court modified a High Court order on permanent alimony in a long-standing matrimonial case, adjusting the maintenance amount to reflect both parties’ financial realities while acknowledging the irretrievable breakdown of the marriage. Facts of the Case Marriage & Family: Rakhi and Raja Sadhukhan were married in June 1997 and had a son […]
Summary The Allahabad High Court (Lucknow Bench) has dismissed a PIL filed by advocate Anupam Mehrotra, who sought the removal of another advocate, Mr. Sandeep Chandra, from his position as Standing Counsel for the State of U.P. on grounds of conflict of interest due to his wife being a sitting Judge of the same court. […]
The Supreme Court set aside two FIRs filed by a woman against the appellant under charges of rape and caste-based offences, after closely examining the inconsistencies in her statements, prior history of similar allegations, and lack of credible supporting evidence. The Court observed that continuing criminal proceedings in such circumstances would constitute an abuse of […]
Summary In a case closely watched for its legal and emotional complexity, the Calcutta High Court upheld the conviction of Krishna Tewari under Sections 498A and 302 of the IPC for the death of his wife, who died within two and a half years of marriage. The Court held that the husband’s inability to explain […]
Summary In a landmark decision, the Chhattisgarh High Court set aside a Family Court’s order granting maintenance to a woman who was earlier divorced on the ground of adultery. The Court upheld that a wife proven to be “living in adultery” is legally disqualified from claiming maintenance under Section 125(4) CrPC. Facts of the Case […]
Summary: In a decision that prioritizes privacy over accountability, the Delhi Civil Court rejected an Indian Army Major’s request for hotel CCTV footage and booking records allegedly involving his wife and her lover—also an Army officer. Despite the potential professional and personal consequences, he faced, the Court refused to allow access to crucial evidence, citing […]
Summary The Delhi High Court has decisively set aside an order that framed unnatural offence charges under Section 377 IPC against a husband, citing lack of evidence of non-consensual act and legal protection provided within marriage. The Court held that such charges cannot be sustained in a subsisting marital relationship without clear and specific allegations […]
Summary: In a strong and empathetic verdict, the Kerala High Court condemned the practice of directing child custody exchanges at police stations, calling it traumatic and inappropriate. The Court dismissed the mother’s challenge against the father’s interim custody, noting the child had already been with the father and reaffirming that future custody decisions rest with […]
Summary The Supreme Court has ruled that men facing false domestic violence (DV) cases can approach the High Court to get them quashed under Section 482 CrPC. Earlier, many High Courts wrongly believed that DV Act cases are civil in nature and can’t be quashed. The Supreme Court has now made it clear—DV cases, even […]
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