Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
Can Wife Force Husband To Leave His Dependent Widowed Mother? The Calcutta High Court has now upheld the husband’s divorce after examining years of matrimonial disputes and repeated allegations against him and his family.
The Punjab and Haryana High Court has quashed a rape FIR filed on the pretext of marriage, holding that a consensual relationship turning sour cannot be treated as a criminal offence. The Court strongly cautioned against misuse of serious criminal laws that destroy reputations and lives without foundational facts. CHANDIGARH: In an important judgment exposing…
The Kerala High Court held that under the Divorce Act, a wife who deserted her husband without reasonable cause is not entitled to maintenance, sets aside the past maintenance granted to her, and upheld the orders for return of money, gold ornaments, and maintenance to the minor child. KERALA: The Kerala High Court decided two…
The Jharkhand High Court has ruled that a wife living separately to continue her job cannot be forced to return under restitution of conjugal rights. The Court said marriage today requires mutual adjustment, not one-sided sacrifice. RANCHI: The Jharkhand High Court has made it clear that the old belief that a wife must always follow…
The Gauhati High Court ruled that a notarised affidavit is not a valid way to dissolve a marriage. Without legal proof of divorce, a man cannot be forced to pay maintenance as a husband. Guwahati: The Gauhati High Court held that a marriage cannot be dissolved merely by signing an affidavit before a Notary. The…
The Kerala High Court held that Section 498A IPC cannot be invoked when the marriage itself is annulled by a competent court. In absence of a valid marital relationship, criminal prosecution for cruelty against a woman is legally unsustainable. KERALA: The Kerala High Court has held that the offence of cruelty against a woman under…
The Karnataka High Court refused to interfere with the acquittal of a man accused of rape on the promise of marriage, after the complainant herself admitted she was unwilling to marry him. The ruling reinforces that consensual relationships cannot be criminalised later when personal decisions change. BENGALURU: The Karnataka High Court has refused to interfere…
A Delhi court found prima facie evidence that a husband was deceived into marriage by falsely claiming the wife was divorced, even though her first marriage was still subsisting.The order shows how evidence and Section 202 CrPC can protect men from matrimonial fraud at the very first stage. NEW DELHI: In a strong reminder that…
The Gujarat High Court set aside kidnapping and atrocity convictions against two young men who only helped a distressed girl. The Court warned that rigid age-based laws are sending innocent young men to jail even for friendly or humanitarian conduct. Ahmedabad: The Gujarat High Court at Ahmedabad has delivered a detailed judgment examining a case…
The Jharkhand High Court ruled that hiding a prior live-in relationship before marriage is fraud under Hindu marriage law and upheld annulment. The Court also said such concealment strikes at the root of trust and informed consent, making the marriage voidable and liable to be annulled. The Jharkhand High Court has clearly held that hiding…
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