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Author: Matrimonial Advocates

The Allahabad High Court ruled that once cruelty is established under Section 13 of the Hindu Marriage Act, divorce must be granted, regardless of evidence of desertion

The Allahabad High Court ruled that once cruelty is established under Section 13 of the Hindu Marriage Act, divorce must be granted, regardless of evidence of desertion

Posted on June 7, 2024 by Matrimonial Advocates

The Allahabad High Court emphasized that once the Family Court establishes cruelty, the marriage ought to be dissolved, regardless of whether desertion is proven or not. It underscored the separate and independent nature of the divorce grounds outlin...

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Allahabad High Court Rules: Divorce Must Be Granted and Restitution of Conjugal Rights Denied Once Cruelty Is Proven

Allahabad High Court Rules: Divorce Must Be Granted and Restitution of Conjugal Rights Denied Once Cruelty Is Proven

Posted on June 7, 2024June 7, 2024 by Matrimonial Advocates

The Allahabad High Court has ruled that once cruelty is established, a divorce decree must be issued, and any suit for restitution of conjugal rights must be dismissed. This ruling was made by the Lucknow Bench in a series of appeals filed under Sect...

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Supreme Court Expresses Concern Over Parents Using Child as a Pawn in Custody Battle

Supreme Court Expresses Concern Over Parents Using Child as a Pawn in Custody Battle

Posted on June 4, 2024 by Matrimonial Advocates

“You both do not have any love for your child and are just fighting on the child’s expense,” the Court added on finding that the child had been sick since last November. On Monday, the Supreme Court expressed concern for the well-be...

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The Allahabad High Court Allows Interfaith Marriages Without Mandating Conversion

The Allahabad High Court Allows Interfaith Marriages Without Mandating Conversion

Posted on June 1, 2024 by Matrimonial Advocates

The court observed,”Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.” In Prayagraj, Uttar Pradesh, the Allahabad High Court emphasized that interfaith couples can marry und...

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Kerala HC: Some Wives File Criminal Cases with Vague Allegations to Seek Revenge on Husbands and Their Relatives

Kerala HC: Some Wives File Criminal Cases with Vague Allegations to Seek Revenge on Husbands and Their Relatives

Posted on June 1, 2024 by Matrimonial Advocates

The Kerala High Court noted that some wives lodge criminal cases with vague accusations to damage the reputations of their husbands and their relatives. This comment was made in the context of a criminal miscellaneous case filed under Section 482 of ...

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Offering dowry is considered a crime, yet brides and their families evade legal consequences due to a loophole, which the Allahabad High Court finds alarming

Offering dowry is considered a crime, yet brides and their families evade legal consequences due to a loophole, which the Allahabad High Court finds alarming

Posted on May 31, 2024 by Matrimonial Advocates

In a recent judgment, the Allahabad High Court clarified the provisions of the Dowry Prohibition Act of 1961 and the Uttar Pradesh Dowry Prohibition Rules of 1999. The court highlighted a troubling pattern where grooms and their families are prosecut...

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Hindu-Muslim Marriage Invalid Under Muslim Personal Law: Madhya Pradesh High Court Denies Protection Request from Interfaith Couple

Hindu-Muslim Marriage Invalid Under Muslim Personal Law: Madhya Pradesh High Court Denies Protection Request from Interfaith Couple

Posted on May 31, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court recently denied protection to an interfaith couple, stating that a marriage between a Muslim man and a Hindu woman is invalid under Muslim Personal Law. The couple, who claimed to be in love, had approached the Marriage ...

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Allahabad High Court: Temporary Change of Residence Does Not Impact Court’s Authority Regarding Minor Guardianship Requests

Allahabad High Court: Temporary Change of Residence Does Not Impact Court’s Authority Regarding Minor Guardianship Requests

Posted on May 30, 2024 by Matrimonial Advocates

The Allahabad High Court emphasized that the primary residence of a minor is pivotal in establishing a court’s jurisdiction for guardianship petitions, irrespective of any temporary relocation at the time of filing the petition. The Bench clari...

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Allahabad High Court to Review Husband’s Counterclaim Following Wife’s Withdrawal of Divorce Petition, Separate Consideration Required

Allahabad High Court to Review Husband’s Counterclaim Following Wife’s Withdrawal of Divorce Petition, Separate Consideration Required

Posted on May 24, 2024May 24, 2024 by Matrimonial Advocates

The Allahabad High Court observed that even though the wife has retracted her divorce petition, the husband’s counterclaim will persist, stressing the necessity for its separate consideration. The wife lodged an appeal disputing the Family Cour...

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Mental cruelty can persist even after leaving the marital home and residing with parents: MP High Court

Mental cruelty can persist even after leaving the marital home and residing with parents: MP High Court

Posted on May 24, 2024May 24, 2024 by Matrimonial Advocates

MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted. Madhya Pradesh High Court: In a case seeking to quash an FIR for ...

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