Author: 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...

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...

The Madhya Pradesh High Court ruled that prolonged separation, absence of cohabitation, irreparable breakdown of the relationship, and hostility between spouses constitute ‘cruelty’ under Section 13(1)(a) of the 1955 Act. “Where the marit...

Emphasis ought to be to encourage the enduring benefits of familial unity and cordiality, the Court said. The Rajasthan High Court recently underscored the importance of thorough evaluation and careful scrutiny before accepting criminal complaints st...

The Supreme Court clarified that these factors are intended as a ‘guideline’ rather than a ‘strict formula’ for determining permanent alimony. The Court has identified eight factors to be taken into account when deciding on th...

  The Court said that there is a growing trend to use the provision as a tool by women for unleashing personal vendetta against the husband and his family. On Tuesday, the Supreme Court expressed concern over the prevalent misuse of Section 498A...

The Court noted that the deceased’s dying declaration did not allege any physical relationship or sexual intercourse with the accused based on a promise of marriage. On Friday, the Supreme Court ruled that merely refusing to marry does not amount to ...