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?
Should teenage relationships always lead to criminal prosecution under POCSO Act? The Supreme Court held that the law must balance child protection with the realities of adolescent relationships. NEW DELHI: The Supreme Court has raised concerns over the use of the Protection of Children from Sexual Offences Act, 2012, in cases involving consensual relationships between…
Your WhatsApp Chats Can Still Fail in Court: Section 65B and Section 63 BSA Certificate Guide 2026. Section 65B and Section 63 BSA certificate formats, hash-value requirements, signatories, Supreme Court rulings and filing checklist for electronic evidence. NEW DELHI: A screenshot may show the truth. A recording may expose a threat. A WhatsApp conversation may […]
Can a wife receive maintenance while regularly accepting money from a man she claims not to know? The Allahabad High Court held that such unexplained transactions were a relevant circumstance under Section 125(4) CrPC and cancelled the maintenance awarded to the wife. PRAYAGRAJ: The Allahabad High Court has cancelled the monthly maintenance awarded to a…
Can a wife file a cruelty complaint from her parental home even when the matrimonial home is in another district? The Calcutta High Court held that the parental-home court may have jurisdiction where the alleged mental cruelty. KOLKATA: The Calcutta High Court, through Justice Uday Kumar, refused to quash criminal proceedings against a husband and…
Can maintenance under Section 125 CrPC be granted when the second marriage itself is not legally valid? The Allahabad High Court said No. A woman must first prove that she was the legally wedded wife of the man from whom she is claiming maintenance. PRAYAGRAJ: The Allahabad High Court, through Justice Achal Sachdev, held that…
Can a spouse secretly record private calls and use them to prove cruelty in a divorce case? The Telangana High Court rejected the husband’s recordings and also refused to accept his financial and travel records—but why? HYDERABAD: The Telangana High Court has ruled that secretly recording a spouse’s telephone conversations without consent violates the right…
Can a husband be convicted only on the basis of an FIR and supplementary statement? The court held that unproved allegations cannot replace evidence tested during trial, especially when the complainant was never examined. NEW DELHI: A Delhi court acquitted Abhinesh Tripathi alias Rahul in a 2021 attempt-to-murder case involving his wife, Rashmi. The court…
Can a husband’s restitution petition be ignored while deciding maintenance? The Madhya Pradesh High Court held that filing a restitution of conjugal rights case alone is not enough to deny maintenance. INDORE: The Madhya Pradesh High Court, through Justice Gajendra Singh, held that a wife looking after a minor child cannot be denied maintenance merely…
Can a court transfer the case file without deciding the prisoner’s custody? The Allahabad High Court held that an accused cannot remain in custody after a case transfer without valid judicial authority. The law requires either a lawful transit remand or immediate release. PRAYAGRAJ: The Allahabad High Court, through a Division Bench of Justice Siddharth…
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