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Author: Matrimonial Advocates

Madhya Pradesh High Court: Submission of Written Statements Beyond the Permissible Time May Be Allowed in Exceptional Circumstances

Madhya Pradesh High Court: Submission of Written Statements Beyond the Permissible Time May Be Allowed in Exceptional Circumstances

Posted on May 23, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court emphasized that according to Order VIII Rule 1 of the Civil Procedure Code, it retains the discretion to allow the submission of a Written Statement even after the prescribed deadline, provided exceptional circumstances ...

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Madras High Court Suggests Imposing Time Limits for Filing Counterclaims to Speed Up Matrimonial Case Resolutions

Madras High Court Suggests Imposing Time Limits for Filing Counterclaims to Speed Up Matrimonial Case Resolutions

Posted on May 23, 2024 by Matrimonial Advocates

The Madras High Court has proposed setting a time limit for filing counterclaims in divorce or restitution of conjugal rights cases within matrimonial disputes. Justices RMT Teekaa Raman and PB Balaji noted that in recent years, it has become common ...

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Rajasthan High Court Rules Cohabitation with Another Woman Not Considered Bigamy for Married Man

Rajasthan High Court Rules Cohabitation with Another Woman Not Considered Bigamy for Married Man

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

Merely because a couple (including, in this case, a man already married to another) lives together as husband and wife, it would not be considered bigamy if they have not performed a valid marriage, the Court said. The Rajasthan High Court recently o...

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Allahabad High Court: Section 125 CrPC Maintenance Orders Can Be Revoked Under Section 127; Section 362 CrPC Bar Not Applicable

Allahabad High Court: Section 125 CrPC Maintenance Orders Can Be Revoked Under Section 127; Section 362 CrPC Bar Not Applicable

Posted on May 21, 2024 by Matrimonial Advocates

The Allahabad High Court has determined that orders issued under Section 125 of the Criminal Procedure Code (CrPC), whether they are final or interim, are subject to recall or modification under Section 127 of the same code. As a result, the restrict...

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Allahabad High Court Decides Minor’s “Ordinary Residence” Not to Be Confused with Temporary Custody in Guardianship Matters

Allahabad High Court Decides Minor’s “Ordinary Residence” Not to Be Confused with Temporary Custody in Guardianship Matters

Posted on May 20, 2024 by Matrimonial Advocates

The Allahabad High Court has clarified that within Section 9(1) of the Guardians and Wards Act, 1890, the concept of a minor’s “ordinary residence” excludes any temporary dwelling where the minor might temporarily reside, such as fo...

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Japan Allows Joint Custody for Divorced Parents

Japan Allows Joint Custody for Divorced Parents

Posted on May 18, 2024 by Matrimonial Advocates

Long-standing frustrations from non-custodial parents—often fathers—over limited access to their children have driven the push for change. On Friday in Tokyo, Japanese lawmakers passed a bill allowing for the option of joint custody after divorce. Fo...

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Allahabad High Court: Maintenance Orders Under Section 125 CrPC Can Be Recalled Using Section 127; Section 362 CrPC Bar Not Applicable

Allahabad High Court: Maintenance Orders Under Section 125 CrPC Can Be Recalled Using Section 127; Section 362 CrPC Bar Not Applicable

Posted on May 18, 2024 by Matrimonial Advocates

The Allahabad High Court has ruled that orders issued under Section 125 of the CrPC, whether final or interim, can be recalled or modified under Section 127 of the CrPC. Therefore, the restriction imposed by Section 362 CrPC does not apply in these c...

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Didn’t Keep a Record of Your Wedding Gifts? Allahabad High Court Emphasizes Its Significance

Didn’t Keep a Record of Your Wedding Gifts? Allahabad High Court Emphasizes Its Significance

Posted on May 16, 2024 by Matrimonial Advocates

Presents received by the bride or the bridegroom at the time of marriage are not treated as dowry under the Dowry Prohibition Act. The Allahabad High Court recently highlighted the prevalent non-compliance with a rule under the Dowry Prohibition (Mai...

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Punjab & Haryana High Court Affirms Divorce, Considering the Demand for Husband to Forsake Elderly Mother and Mentally Unstable Sister as Cruelty

Punjab & Haryana High Court Affirms Divorce, Considering the Demand for Husband to Forsake Elderly Mother and Mentally Unstable Sister as Cruelty

Posted on May 10, 2024 by Matrimonial Advocates

The appeal of a wife challenging the divorce decree granted to the couple under the Hindu Marriage Act was dismissed by the Punjab & Haryana High Court. The court stated that demanding the husband to forsake his elderly mother, aged around 75, an...

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Allahabad High Court Rules Against Muslim Assertion of Right to Live-in Relationships, Deeming it Inconsistent with Customary Law

Allahabad High Court Rules Against Muslim Assertion of Right to Live-in Relationships, Deeming it Inconsistent with Customary Law

Posted on May 9, 2024 by Matrimonial Advocates

The constitutional morality and social morality in the “matter of marriage institution” are required to be balanced, the Court said while sending a Muslim man’s Hindu live-in partner to her parents. In a recent ruling, the Allahabad High Court ...

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