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Author: Matrimonial Advocates

Kerala High Court Rules That Relief Under Domestic Violence Act Cannot Be Granted Post-Divorce

Kerala High Court Rules That Relief Under Domestic Violence Act Cannot Be Granted Post-Divorce

Posted on January 16, 2025January 16, 2025 by Matrimonial Advocates

The court ruled that a woman cannot seek reinstatement or alternative accommodation under the Domestic Violence Act after a divorce. The Kerala High Court has ruled that reliefs under the Protection of Women from Domestic Violence Act, 2005 (DV Act),...

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Bail in Marital Disputes Should Not Be Conditional on Maintenance Payment

Bail in Marital Disputes Should Not Be Conditional on Maintenance Payment

Posted on January 16, 2025 by Matrimonial Advocates

In a significant ruling, the Supreme Court of India declared that bail in marital disputes should not be dependent on conditions such as mandatory maintenance payments. A bench comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti set aside a P...

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Patna High Court: FIR in Matrimonial Dispute Quashed Following Settlement Under Section 320 CrPC

Posted on January 6, 2025 by Matrimonial Advocates

The Patna High Court held that Section 320 of the Cr.P.C. does not bar the quashing of a matrimonial dispute under Section 482 Cr.P.C., even in cases involving non-compoundable offences under Sections 498(A) and 34 of the IPC and Section 4 of the Dow...

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Bombay High Court Quashes Judicial Officer’s Cruelty FIR Against Husband and Relatives, Calls It Retaliation in Matrimonial Dispute

Bombay High Court Quashes Judicial Officer’s Cruelty FIR Against Husband and Relatives, Calls It Retaliation in Matrimonial Dispute

Posted on January 6, 2025 by Matrimonial Advocates

The Bombay High Court on Friday quashed an FIR lodged by a judicial officer against her husband and in-laws, accusing them of cruelty and other offences, deeming it a retaliatory act in a matrimonial dispute. A division bench of Justice A.S. Chandurk...

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Father’s Right to Visit Child Must Not Compromise Child’s Health and Well-Being: Supreme Court

Father’s Right to Visit Child Must Not Compromise Child’s Health and Well-Being: Supreme Court

Posted on December 31, 2024January 2, 2025 by Matrimonial Advocates

“The interest of the minor child is paramount,” the Court reiterated. The Supreme Court recently ruled that in child custody disputes, a father’s visitation rights cannot come at the expense of the child’s health and well-bein...

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Allahabad High Court Urges Judiciary to Prioritize Maintenance Cases of Destitute Women

Allahabad High Court Urges Judiciary to Prioritize Maintenance Cases of Destitute Women

Posted on December 23, 2024December 25, 2024 by Matrimonial Advocates

The Court emphasized the urgent need for family court judges to exercise their judicial mind with heightened sensitivity and responsibility. The Allahabad High Court recently emphasized the need for the judicial system to prioritize the swift resolut...

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Supreme Court: Ex-Husband Not Required to Maintain Ex-Wife’s Current Lifestyle Indefinitely; Alimony Shouldn’t Equalize Wealth

Supreme Court: Ex-Husband Not Required to Maintain Ex-Wife’s Current Lifestyle Indefinitely; Alimony Shouldn’t Equalize Wealth

Posted on December 23, 2024December 25, 2024 by Matrimonial Advocates

The Supreme Court has ruled that a divorced wife cannot seek permanent alimony solely to attain financial parity with her ex-husband. Highlighting a concerning trend in matrimonial disputes, the Court noted that maintenance or alimony should not be t...

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Jammu and Kashmir High Court: DV Act Applicable to Past Domestic Relationships

Jammu and Kashmir High Court: DV Act Applicable to Past Domestic Relationships

Posted on December 17, 2024December 19, 2024 by Matrimonial Advocates

The Court rejected arguments by the in-laws of woman that they could not be charged in a DV case since there was no domestic relationship between them and their daughter-in-law after she left the marital home in 2016. The High Court of Jammu and Kash...

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Restitution of Conjugal Rights Decree Doesn’t Disqualify Maintenance Claim Under Section 125 CrPC: Madhya Pradesh High Court

Restitution of Conjugal Rights Decree Doesn’t Disqualify Maintenance Claim Under Section 125 CrPC: Madhya Pradesh High Court

Posted on December 16, 2024December 16, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court has reiterated that a decree under Section 9 of the Hindu Marriage Act, 1955 (HMA), does not bar the granting of maintenance under Section 125 of the Criminal Procedure Code (CrPC). The Indore Bench considered a Criminal...

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Calcutta High Court Rejects Wife’s Cruelty Case Against Husband, Filed 3 Years After Leaving Matrimonial Home

Calcutta High Court Rejects Wife’s Cruelty Case Against Husband, Filed 3 Years After Leaving Matrimonial Home

Posted on December 14, 2024December 16, 2024 by Matrimonial Advocates

The Calcutta High Court has dismissed a case filed by a wife against her husband under Section 498A of the IPC, accusing him of cruelty, three years after she had left their matrimonial home. Despite moving out in 2020, the wife filed a complaint all...

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