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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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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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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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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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 ...
Read MoreA 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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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 ...
Read MoreThe 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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“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 ...
Read MoreThe Court rejected the man’s argument that since he was already married, the woman could not claim the benefits of the DV Act for a live-in relationship. The Chhattisgarh High Court recently confirmed an order requiring a man to pay maintenance...
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