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Author: Matrimonial Advocates

Bombay High Court rules that sex with a minor wife constitutes rape, rejecting the marital rape exception.

Posted on November 15, 2024 by Matrimonial Advocates

The Court affirmed the apex court’s decision in Independent Thought vs. Union of India, which read down the marital rape exception for wives who are under 18. The Nagpur bench of the Bombay High Court recently held that sexual intercourse with ...

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MP High Court: Widow Cannot Seek Maintenance from Father-in-Law Under Muslim Law or DV Act

MP High Court: Widow Cannot Seek Maintenance from Father-in-Law Under Muslim Law or DV Act

Posted on November 14, 2024November 14, 2024 by Matrimonial Advocates

The Court noted that the father-in-law cannot be compelled to pay maintenance to his widowed daughter-in-law either under the Domestic Violence Act or under Muslim personal law. The Madhya Pradesh High Court recently held that a father-in-law is not ...

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Madras High Court: Muslim Man’s Second Marriage Considered Cruelty Toward First Wife

Madras High Court: Muslim Man’s Second Marriage Considered Cruelty Toward First Wife

Posted on November 6, 2024November 6, 2024 by Matrimonial Advocates

Although the husband, a muslim man second marriage, the Court held that he must still bear the consequences of this act by compensating his first wife. The Madras High Court recently ruled that a Muslim man marrying a second wife amounts to cruelty a...

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Supreme Court: Domestic Violence Act Seeks Swift Relief, Yet Cases Continue to Drag On

Supreme Court: Domestic Violence Act Seeks Swift Relief, Yet Cases Continue to Drag On

Posted on November 5, 2024March 25, 2026 by Matrimonial Advocates

On Monday (November 4), the Supreme Court expressed concerns over the sluggish pace of cases filed under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), highlighting that their progression is akin to that of standard Family Court ca...

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Kerala High Court Dismisses Criminal Case Against Woman’s Partner, Rules Marriage Invalid in Cruelty Allegation

Kerala High Court Dismisses Criminal Case Against Woman’s Partner, Rules Marriage Invalid in Cruelty Allegation

Posted on November 2, 2024November 4, 2024 by Matrimonial Advocates

Based on this, the Court observed that an essential ingredient to attract an offence under Section 498A of the IPC is that cruelty must be committed by the husband or relatives of the husband. Kochi: The Kerala High Court has thrown out a criminal ca...

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Andhra Pradesh High Court: Marriage Does Not Alter Daughter’s Position in Parents Family

Andhra Pradesh High Court: Marriage Does Not Alter Daughter’s Position in Parents Family

Posted on November 2, 2024November 4, 2024 by Matrimonial Advocates

The Court criticised a 1999 State policy that extended different treatment to sons and daughters when it came to compassionate appointments, depending on whether the daughter was married. The Andhra Pradesh High Court recently highlighted that daught...

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Punjab and Haryana High Court: Husband Must Provide Child Support Despite Wife’s Financial Independence

Punjab and Haryana High Court: Husband Must Provide Child Support Despite Wife’s Financial Independence

Posted on November 2, 2024November 2, 2024 by Matrimonial Advocates

Even when the mother is working, it does not mean the father will be absolved from taking responsibility for the child, the Court said. The Punjab and Haryana High Court recently observed that a man does not forfeit his responsibility to support his ...

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Allahabad HC: Court Must Address Adultery Allegations Against Wife Before Awarding Maintenance Under Section 125 CrPC

Allahabad HC: Court Must Address Adultery Allegations Against Wife Before Awarding Maintenance Under Section 125 CrPC

Posted on November 2, 2024November 2, 2024 by Matrimonial Advocates

The Allahabad High Court has ruled that if a specific adultery allegations against wife, the court must first examine this matter under Section 125 of the CrPC before granting interim maintenance. In this instance, the husband challenged a family cou...

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Kerala High Court Criticizes Child Welfare Committee for Biased Ruling Against Young Child Mother

Kerala High Court Criticizes Child Welfare Committee for Biased Ruling Against Young Child Mother

Posted on October 29, 2024March 16, 2026 by Matrimonial Advocates

“Personal moral values always result in biased judgments. Unfortunately, the order reflects nothing other than the moral bias of the Committee members,” the Court said. The Kerala High Court recently criticized the Child Welfare Committee...

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Allahabad High Court: Courts Should Stay Out of Couples Private Lives Unless Severe Cruelty is Proven

Allahabad High Court: Courts Should Stay Out of Couples Private Lives Unless Severe Cruelty is Proven

Posted on October 29, 2024March 25, 2026 by Matrimonial Advocates

The Court was dealing with an appeal moved by a woman against grant of divorce in the case initiated by her husband. The Allahabad High Court recently highlighted that the private behavior of a married couple falls outside the court’s jurisdict...

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