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Author: Matrimonial Advocates

The Delhi High Court has declared that children do not inherently possess the right to attend particular schools of their choosing

The Delhi High Court has declared that children do not inherently possess the right to attend particular schools of their choosing

Posted on March 30, 2024April 1, 2024 by Matrimonial Advocates

The Delhi High Court concluded that children do not inherently have the right to attend a particular school of their choice. It underscored that the entitlement enshrined in Article 21A of the Constitution and Section 12 of the Right to Education Act...

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Rajasthan High Court Ruling: Non-Marital Consensual Physical Relationships Among Adults Deemed Non-Criminal

Rajasthan High Court Ruling: Non-Marital Consensual Physical Relationships Among Adults Deemed Non-Criminal

Posted on March 28, 2024 by Matrimonial Advocates

In a groundbreaking legal decision, the Rajasthan High Court has underscored the supremacy of constitutional morality over societal norms in a recent criminal case presided over by Justice Birendra Kumar. This ruling sets a significant precedent in l...

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Jharkhand High Court Stresses Necessity of Wife’s Income Affidavit Prior to Issuing Ex-Parte Maintenance Order Under Section 125 CrPC by Family Court

Jharkhand High Court Stresses Necessity of Wife’s Income Affidavit Prior to Issuing Ex-Parte Maintenance Order Under Section 125 CrPC by Family Court

Posted on March 26, 2024 by Matrimonial Advocates

In its verdict dated March 1, 2024, the Jharkhand High Court has ordered a maintenance case to be sent back to the Family Court due to the issuance of an ex-parte order without the wife’s submission of an income affidavit. A single judge bench ...

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Madras High Court Explains: Temporary Support Order in Hindu Marriage Act Can be Reviewed, Not Appealed

Madras High Court Explains: Temporary Support Order in Hindu Marriage Act Can be Reviewed, Not Appealed

Posted on March 22, 2024 by Matrimonial Advocates

 The Madras High Court recently clarified that interim maintenance orders issued under Section 24 of the Hindu Marriage Act are considered interlocutory and cannot be appealed under either Section 28 of the Hindu Marriage Act or Section 19 of the Fam...

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Guidelines Issued by Supreme Court for Protecting Couples, Stressing Non-Judgmental Approach

Guidelines Issued by Supreme Court for Protecting Couples, Stressing Non-Judgmental Approach

Posted on March 21, 2024 by Matrimonial Advocates

Significantly, the Court said that same-sex, transgender, interfaith or inter-caste couples must be provided immediate protection before they are asked to establish the threats they face. The Supreme Court of India recently released a comprehensive s...

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Delhi High Court Rules: Demanding Spousal Household Duties Despite Health Issues is Cruelty

Delhi High Court Rules: Demanding Spousal Household Duties Despite Health Issues is Cruelty

Posted on March 20, 2024 by Matrimonial Advocates

The Delhi High Court has noted that compelling a wife to perform household tasks against her health constitutes cruelty. “In our opinion, when a wife indulges herself to do household chores, she does it by affection and love for her family. However, ...

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Kerala High Court Validates Family Court’s Divorce Ruling Despite Wife’s Subsequent Consent Withdrawal

Kerala High Court Validates Family Court’s Divorce Ruling Despite Wife’s Subsequent Consent Withdrawal

Posted on March 19, 2024March 19, 2024 by Matrimonial Advocates

 The Kerala High Court upheld the Family Court’s decision to grant divorce despite the wife’s later withdrawal of consent, citing the mutual agreement as the basis for dissolution of marriage. In an appeal lodged against the Family Court&...

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Marital Discord | Karnataka High Court Stresses Need for Significant Prima Facie Evidence for Wife’s Psychiatric Evaluation Referral

Marital Discord | Karnataka High Court Stresses Need for Significant Prima Facie Evidence for Wife’s Psychiatric Evaluation Referral

Posted on March 18, 2024March 18, 2024 by Matrimonial Advocates

The Karnataka High Court underscored the importance of substantial prima facie evidence in cases where a husband, in pursuit of divorce, seeks to have his wife undergo a psychiatric evaluation by a Board of Psychiatrists, expressing concerns about he...

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Allahabad High Court Rules: Wife’s Maintenance Includes Personal Loan EMI Derived from Husband’s Income under Section 125 CrPC

Allahabad High Court Rules: Wife’s Maintenance Includes Personal Loan EMI Derived from Husband’s Income under Section 125 CrPC

Posted on March 18, 2024March 18, 2024 by Matrimonial Advocates

 The Allahabad High Court has stressed the importance of considering the husband’s payments towards personal loan installments when determining the monthly maintenance allowance for the wife under Section 125 of the CrPC. Justice Surendra Singh...

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Allahabad High Court Orders Submission of Asset and Liability Affidavits in Maintenance Cases

Allahabad High Court Orders Submission of Asset and Liability Affidavits in Maintenance Cases

Posted on March 18, 2024 by Matrimonial Advocates

The Allahabad High Court stressed the obligation of courts presiding over maintenance cases to direct the concerned parties to furnish a comprehensive affidavit detailing their financial assets and liabilities. In a particular instance, the wife init...

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