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Author: Matrimonial Advocates

Calcutta High Court: DNA Evidence Deemed Insufficient as Definitive Proof in Rape Cases

Calcutta High Court: DNA Evidence Deemed Insufficient as Definitive Proof in Rape Cases

Posted on May 8, 2024 by Matrimonial Advocates

Therefore, single-judge Justice Ajay Kumar Gupta refused to discharge a rape accused even after the DNA report concluded that he was not the biological father of the victim’s child. On Monday, the Calcutta High Court made a significant ruling, ...

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Madras High Court Rejects Habeas Corpus Plea Seeking Custody of Minor Who Never Resided with Biological Mother

Madras High Court Rejects Habeas Corpus Plea Seeking Custody of Minor Who Never Resided with Biological Mother

Posted on May 7, 2024 by Matrimonial Advocates

The Madras High Court addressed a Habeas Corpus petition brought by the biological mother of a young child seeking custody of her son. Diagnosed with HIV during pregnancy, the mother temporarily placed the three-year-old boy in the care of the fifth ...

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Calcutta High Court: Litigation Costs Should Be Initially Granted to Wife in Matrimonial Case Initiated by Husband

Calcutta High Court: Litigation Costs Should Be Initially Granted to Wife in Matrimonial Case Initiated by Husband

Posted on May 6, 2024 by Matrimonial Advocates

As dignity of a woman is to be protected, it should be ensured that women are not compelled to incur unnecessary expenditure and face hardships, the Court underlined. The recent ruling by the Calcutta High Court in the case of Partha Sakha Maity vs B...

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Supreme Court Urges Parliamentary Revisions to Sections 85 and 86 of Bharatiya Nyaya Sanhita to Safeguard Against Potential Misuse of Section 498A IPC Prior to Enactment

Supreme Court Urges Parliamentary Revisions to Sections 85 and 86 of Bharatiya Nyaya Sanhita to Safeguard Against Potential Misuse of Section 498A IPC Prior to Enactment

Posted on May 4, 2024 by Matrimonial Advocates

In dismissing a criminal case brought by a wife against her husband under Section 498A IPC, the Supreme Court has called upon the Legislature to consider essential amendments to Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, before implemen...

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MP High Court Rules Non-consensual Intimacy by Husband With Wife Not Rape, Woman’s Consent Deemed Immaterial

MP High Court Rules Non-consensual Intimacy by Husband With Wife Not Rape, Woman’s Consent Deemed Immaterial

Posted on May 3, 2024May 3, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court recently made significant observations regarding the legal status of marital rape in India. The court emphasized that under current Indian law, including the absence of recognition of ‘Marital rape’ as an off...

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P&H High Court Directs Use of Section 340 CrPC in Matrimonial Disputes, Noting Surge in Pending Cases Due to ‘Malicious Intent’.

P&H High Court Directs Use of Section 340 CrPC in Matrimonial Disputes, Noting Surge in Pending Cases Due to ‘Malicious Intent’.

Posted on May 2, 2024 by Matrimonial Advocates

Observing a recent increase in matrimonial conflicts fueled by contentious and malicious intentions, resulting in a substantial court backlog, the Punjab & Haryana High Court has set out guiding principles for the utilization of Section 340 Cr.P....

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Supreme Court Decides Hindu Marriages Incomplete Without Correct Ceremonies; Sole Registration Deemed Insufficient

Supreme Court Decides Hindu Marriages Incomplete Without Correct Ceremonies; Sole Registration Deemed Insufficient

Posted on May 1, 2024 by Matrimonial Advocates

In a recent ruling, the Supreme Court offered insights into the legal requirements and importance of Hindu marriages as stipulated by the Hindu Marriage Act of 1955. Emphasizing the Court’s stance, it was clarified that Hindu marriages must str...

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Supreme Court Grants Bail to Man Accused of Non-Consensual, Unnatural Intimacy with Wife

Supreme Court Grants Bail to Man Accused of Non-Consensual, Unnatural Intimacy with Wife

Posted on April 30, 2024 by Matrimonial Advocates

The Court noted that a settlement had apparently been entered into between the parties and even if the Court is not accepting the same, the financial transactions would have to be given weightage. Monday saw the Supreme Court suspend the sentence of ...

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Delhi High Court: Hindu woman without personal income entitled to life estate from deceased husband, but lacks ‘absolute rights’

Delhi High Court: Hindu woman without personal income entitled to life estate from deceased husband, but lacks ‘absolute rights’

Posted on April 30, 2024 by Matrimonial Advocates

 The Delhi High Court has clarified the inheritance rights of Hindu widows who are granted a life estate from their deceased husbands. “In the case of Hindu women, who may not have their own income, receiving a life estate given to them by thei...

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Delhi High Court: Female Police Officers Can Also Fall Victim to Domestic Violence

Delhi High Court: Female Police Officers Can Also Fall Victim to Domestic Violence

Posted on April 29, 2024 by Matrimonial Advocates

 The Court said that to make assumptions that a woman, by virtue of her profession as a police officer, cannot possibly be a victim in her own personal or matrimonial life, is a form of injustice. The Delhi High Court recently emphasized that domesti...

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