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Author: Matrimonial Advocates

Punjab & Haryana High Court jails man for contracting second marriage while first wife’s divorce appeal was pending

Posted on December 6, 2025 by Matrimonial Advocates

The divorce granted to the husband by a family court had been stayed by a division bench of the High Court. The Punjab and Haryana High Court has sentenced a man to three months’ simple imprisonment and imposed a fine of ₹2,000 for entering into a se...

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Supreme Court: No Anticipatory Bail from High Court After FIR Quashing Is Denied

Posted on December 5, 2025 by Matrimonial Advocates

The Supreme Court has reiterated that a High Court cannot grant anticipatory bail while refusing to quash an FIR, stressing that the accused must first apply for pre-arrest bail before the Sessions Court. “It cannot be denied that provisions of...

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Supreme Court Holds That Working From Home Alone Doesn’t Determine Child Custody

Posted on December 4, 2025 by Matrimonial Advocates

The Supreme Court observed that simply working from home does not automatically entitle a parent to child custody. The Court highlighted that parents may have to be away for work to support their family, and this should not bar them from seeking cust...

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Supreme Court: Filming or photographing women without consent in public spaces does not constitute voyeurism.

Posted on December 4, 2025February 18, 2026 by Matrimonial Advocates

The Court faulted the police and the trial court for charging a man with voyeurism merely for filming a woman entering a disputed property. The Supreme Court has held that taking photographs or recording videos of a woman without her consent, while s...

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Circumstantial evidence is sufficient to prove adultery in maintenance cases, rules Kerala High Court.

Posted on December 3, 2025December 3, 2025 by Matrimonial Advocates

“Adultery can often be established through circumstantial evidence, provided the circumstances lead logically to that conclusion,” the Court said. The Kerala High Court has recently observed that allegations of adultery in a marriage may ...

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Supreme Court holds that a Muslim woman is entitled to reclaim her marriage gifts from her ex-husband after divorce.

Posted on December 3, 2025December 3, 2025 by Matrimonial Advocates

The Court said that it must adopt a construction which secures the dignity and financial protection of a Muslim woman post her divorce. The Supreme Court on Tuesday (December 2) ruled that a divorced Muslim woman is entitled to recover the cash and g...

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Delhi High Court: Customary Hindu divorce valid only when proven with clear evidence

Posted on November 29, 2025 by Matrimonial Advocates

Once the Court is called upon to declare that there exists a custom contrary to the codified Hindu Marriage Act, the burden of proof is heavy on the party asserting the custom, the Court stressed. The Delhi High Court held that a customary divorce am...

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Living apart doesn’t mean a marriage has failed; courts must first determine who caused the separation, says Supreme Court

Posted on November 28, 2025 by Matrimonial Advocates

The Court indicated that unless there is cogent evidence of wilful desertion or refusal to cohabit, the marriage cannot be said to have “irretrievably broken down” for a divorce to be granted. The Supreme Court recently clarified that a d...

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Kerala High Court: Muslim husband cannot deny maintenance to first wife by citing financial duty to second wife

Posted on November 26, 2025 by Matrimonial Advocates

The law is well settled that even if a wife has the capability to earn or is earning something, it does not disentitle her from claiming maintenance, the Court said. The Kerala High Court recently ruled that a Muslim husband cannot deny maintenance t...

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Kerala High Court: Earning potential of wife not a ground to deny her maintenance

Posted on November 26, 2025 by Matrimonial Advocates

The law is well settled that even if a wife has the capability to earn or is earning something, it does not disentitle her from claiming maintenance, the Court said.   The Kerala High Court recently said that a woman cannot be refused maintenanc...

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