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?
How is Consensual Sex converted to Rape? Many Indians accept that rape laws should not be used to manage personal relations, particularly in situations where women have agency and are entering into a relationship by choice and consent. Many in the judiciary, too, seem to share this opinion and, that to some extent, explains why […]
What is the meaning of sharing household? I had written an article previously on the differentiation of domestic relationships, shared households and marital homes. The term marital home finds no mention in the act. Still, there are many queries about the ‘Right of Residence’, which is covered under Section 19, as the number of cases of […]
“No person shall be deprived of his life or personal liberty except according to a procedure established by law.” According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and liberty. This right has […]
How Courts Decide Maintenance Over and over again, whenever there is a dispute in the marriage, one question arises. How much maintenance has to be given to the wife? The question also takes many shapes, from I earn X amount, how much maintenance I have n children, how much maintenance She file for divorce, so […]
Children of Warring Couples. Custody Battles. Parental Alienation. Indian Laws. The most vulnerable segment of society to the COVID-19 outbreak is the children, not just physically but mentally as well. They are confined to their homes, and suddenly, their life has seen a 360 turn. They don’t know what is happening around them. They can’t […]
Domestic Violence Against Men “Woman kills husband, tries to pass death off as due to Covid; arrested” – Hindustan Times “Delhi woman allegedly kills in-laws, husband was at home during crime” – NDTV “Gurgaon: 17-Year-Old Dies By Suicide After Being Accused of Molestation” – Livewire These are a few headlines from leading media houses during […]
Interim and Ex-Parte Orders in Domestic Violence Case – FAQs I don’t know how many people are aware that initially, maintenance provisions like CrPC 488 of the Old Criminal Procedure Code and CrPC 125 did not have a provision for interim maintenance. The same was added later as it was seen that there was a tendency […]
Will & Important Facts about it What is a WILL? A will is a legal document stating what happens to a person’s money or property after death. Importance of WILL If a person has not prepared his WILL and has died, a family dispute regarding the distribution of property may occur. In the absence of […]
The guidelines laid down in Kusum Sharma v. Mahinder Kumar Sharma (Delhi High Court) have now been superseded by the Supreme Court’s judgment in Rajnesh v. Neha (2020), which provides the uniform framework for determining maintenance across India. MAINTENANCE LAW PROCEDURAL CHANGES POST 6TH AUGUST, 2020 IN DELHI IN KUSUM SHARMA JUDGMENT CONCEPT: The maintenance law in […]
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