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Author: Matrimonial Advocates

Chhattisgarh High Court Affirms Maintenance for Woman in Live-in Relationship Under Domestic Violence Act

Posted on October 16, 2024 by Matrimonial Advocates

The 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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Ministry of Law and Justice: Notaries Are Not Allowed to Execute Marriage or Divorce Deeds

Ministry of Law and Justice: Notaries Are Not Allowed to Execute Marriage or Divorce Deeds

Posted on October 15, 2024October 15, 2024 by Matrimonial Advocates

The Union Ministry of Law and Justice has directed all Notaries to avoid executing marriage and divorce deeds, as they are not authorized as Marriage Officers. In an Office Memorandum issued by the Department of Legal Affairs, Notaries have been caut...

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Senior Citizens’ Right to Peace Prevails Over Daughter-In-Law’s Right to Reside in Shared Household Under DV Act in Cases of Harsh Ill-Treatment

Senior Citizens’ Right to Peace Prevails Over Daughter-In-Law’s Right to Reside in Shared Household Under DV Act in Cases of Harsh Ill-Treatment

Posted on October 15, 2024October 15, 2024 by Matrimonial Advocates

The Delhi High Court has ruled that a senior citizen’s right to live peacefully cannot be overridden by a woman’s right to reside in a shared household under the Protection of Women from Domestic Violence Act, 2005 (DV Act), especially wh...

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Allahabad High Court Rules: Consensual Long-Term Adultery Does Not Amount to Rape

Posted on October 14, 2024 by Matrimonial Advocates

The Court observed that a promise of marriage does not automatically render consensual intercourse as rape unless it is proven that such a promise was false from the outset. The Allahabad High Court recently determined that a long-term consensual adu...

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How Should Spouses Fulfill Sexual Needs Without Each Other?

How Should Spouses Fulfill Sexual Needs Without Each Other?

Posted on October 11, 2024October 11, 2024 by Matrimonial Advocates

The torture or any assault, if any, is meted out not for any demand of dowry but on refusal of the wife to fulfil the sexual urges of the husband, the Court said. The Allahabad High Court recently rejected a cruelty case filed by a wife against her h...

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Bombay High Court Fines Husband ₹1 Lakh for Opposing Wife’s Transfer Plea

Bombay High Court Fines Husband ₹1 Lakh for Opposing Wife’s Transfer Plea

Posted on October 9, 2024October 9, 2024 by Matrimonial Advocates

The Court recognised the considerable hardships faced by the young mother attending the divorce proceeding with her infant, who requires ongoing medical care. The Bombay High Court on Monday imposed a cost of ₹1 lakh on a man for opposing his estrang...

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Private Laboratory FSL Report Cannot Be Disregarded Without Proper Justification

Posted on October 5, 2024 by Matrimonial Advocates

The Karnataka High Court affirmed that an FSL report from a private laboratory cannot be disregarded without proper evaluation and requires substantial justification for rejection. This statement was made in response to multiple criminal petitions fi...

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Dispute Between Sister-In-Law and Brother’s Wife Doesn’t Constitute Cruelty: Rajasthan High Court

Dispute Between Sister-In-Law and Brother’s Wife Doesn’t Constitute Cruelty: Rajasthan High Court

Posted on October 5, 2024March 6, 2026 by Matrimonial Advocates

The Rajasthan High Court upheld a 22-year-old Sessions Court ruling stating that a sister-in-law inviting her brother’s wife to her home and arguing with her does not amount to dowry-related cruelty. Justice Arun Monga was hearing a petition challeng...

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Centre contends that the Supreme Court lacks authority to criminalize marital rape, asserting that married women are already safeguarded by existing laws

Centre contends that the Supreme Court lacks authority to criminalize marital rape, asserting that married women are already safeguarded by existing laws

Posted on October 4, 2024October 4, 2024 by Matrimonial Advocates

The Centre said that it is not as if a woman’s consent is obliterated by marriage, but only that consent violations within marriage would not attract rape law; there are other remedies. The Union government filed an affidavit in the Supreme Cou...

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Section 125 CrPC Cannot Be Misused by Able-Bodied Wives to Avoid Employment: Punjab and Haryana High Court

Section 125 CrPC Cannot Be Misused by Able-Bodied Wives to Avoid Employment: Punjab and Haryana High Court

Posted on October 3, 2024 by Matrimonial Advocates

In a significant ruling, the Punjab and Haryana High Court clarified that the maintenance provision under Section 125 CrPC should not be exploited by able-bodied wives who willingly choose not to seek employment. Justice Nidhi Gupta made this observa...

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