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Author: Matrimonial Advocates

Delhi High Court denies husband’s plea for wife’s gender test

Delhi High Court denies husband’s plea for wife’s gender test

Posted on October 23, 2024October 23, 2024 by Matrimonial Advocates

The man claimed that his wife was a transgender person and that she could not file a domestic violence case against him since she was not a biological woman. The Delhi High Court today refused to entertain a writ petition filed by a man requesting th...

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Delhi High Court: Wife’s Right to Live in Shared Household Under DV Act Is Not Unconditional

Delhi High Court: Wife’s Right to Live in Shared Household Under DV Act Is Not Unconditional

Posted on October 23, 2024 by Matrimonial Advocates

The Delhi High Court ruled on Monday that a wife’s right to reside in the shared household under the Protection of Women from Domestic Violence Act, 2005 (DV Act), is not unconditional, especially if she is gainfully employed. Justice Neena Ban...

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Madras HC Instructs Family Courts Not to Mandate Spouses Physical Presence for Filing Petitions and Future Hearings

Madras HC Instructs Family Courts Not to Mandate Spouses Physical Presence for Filing Petitions and Future Hearings

Posted on October 23, 2024October 23, 2024 by Matrimonial Advocates

The Madras High Court has directed Family Courts not to mandate the physical presence of spouses when filing a petition for the first time or in future hearings. This ruling followed a criminal revision petition filed by an estranged wife, requesting...

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Punjab and Haryana High Court rules that calling a husband ‘Hijda’ amounts to cruelty

Punjab and Haryana High Court rules that calling a husband ‘Hijda’ amounts to cruelty

Posted on October 22, 2024October 22, 2024 by Matrimonial Advocates

The Court was hearing an appeal moved by a wife whose husband’s divorce plea was allowed by the family court on July 12. The Punjab and Haryana High Court recently ruled that a wife calling her husband “Hijda” (transgender) amounts ...

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Bombay High Court Affirms Muslim Men’s Right to Legally Register Multiple Marriages

Bombay High Court Affirms Muslim Men’s Right to Legally Register Multiple Marriages

Posted on October 22, 2024October 22, 2024 by Matrimonial Advocates

The Court stated that the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act does not bar Muslim men from registering more than one marriage since it is permitted under the Muslim personal law. The Bombay High Court recently...

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Punjab & Haryana High Court Rules That Professionally Qualified Wives Cannot Be Automatically Denied Maintenance

Punjab & Haryana High Court Rules That Professionally Qualified Wives Cannot Be Automatically Denied Maintenance

Posted on October 18, 2024October 18, 2024 by Matrimonial Advocates

While opposing maintenance claims, a husband will have to prove that the wife had given up on a profession just for the sake of seeking maintenance, the Court said. The Punjab and Haryana High Court recently held that a wife cannot be prevented from ...

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Bombay High Court Rules Out Implicating Husband’s Niece in Domestic Violence Case

Posted on October 18, 2024March 14, 2026 by Matrimonial Advocates

A bench of Justice Bharati Dangre and Justice Manjusha Deshpande was hearing a petition filed by Pragati Kapoor, the niece of Manishchandra Bihari Kapoor, seeking to quash an FIR lodged against her by Kapoor’s wife. The Bombay High Court recent...

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Orders Issued Under Section 12 of the Guardians and Wards Act Can Be Appealed Under Section 19 of the Family Courts Act

Orders Issued Under Section 12 of the Guardians and Wards Act Can Be Appealed Under Section 19 of the Family Courts Act

Posted on October 18, 2024March 16, 2026 by Matrimonial Advocates

The Delhi High Court determined that orders made under Section 12 of the Guardians and Wards Act, 1890 (GW Act) are appealable under Section 19 of the Family Courts Act, 1984 (FC Act). A Full Bench was constituted by the Chief Justice in response to ...

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Section 125 CrPC Should Not Encourage Dependence or Idleness in Spouses Seeking Maintenance

Posted on October 18, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court emphasized that the maintenance provisions under Section 125 of the CrPC are not intended to create a “dependent class” of individuals relying on spousal financial support. In this case, the petitioner argued...

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Allahabad High Court: Consensual Long-term Relationship Without Fraud Not Deemed Rape on False Marriage Promise

Allahabad High Court: Consensual Long-term Relationship Without Fraud Not Deemed Rape on False Marriage Promise

Posted on October 17, 2024March 6, 2026 by Matrimonial Advocates

“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the ...

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