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Author: Matrimonial Advocates

Delhi High Court notes that deriding a spouse’s finances can be grounds for divorce

Delhi High Court notes that deriding a spouse’s finances can be grounds for divorce

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

 A Division Bench of Justices Suresh Kumar Kait and Neena Bansal Krishna observed that a wife should not be a constant reminder of one’s financial limitations. In a recent ruling, the Delhi High Court established that consistent disparaging comments ...

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Calcutta High Court: No Need to Prove Maintenance Provisions Beyond a Doubt

Calcutta High Court: No Need to Prove Maintenance Provisions Beyond a Doubt

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

 The Calcutta High Court, in a recent adjudication, underscored the welfare nature of maintenance provisions delineated in Section 125 of the Code of Criminal Procedure (CrPC). The Court elucidated that the stringent standard of proof, akin to that d...

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Supreme Court Permits Divorce Based on Extended Abandonment and Communication Withholding

Supreme Court Permits Divorce Based on Extended Abandonment and Communication Withholding

Posted on January 30, 2024January 30, 2024 by Matrimonial Advocates

Exercising its plenary powers conferred by Article 142 of the Constitution, the Supreme Court is vested with the authority to decree the dissolution of matrimonial ties when one party has protractedly deserted the other and persists in refusing all a...

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Allahabad HC Mandates Maintenance from Unemployed Husband under Section 125 CrPC, Citing Potential Earnings as Unskilled Labour

Allahabad HC Mandates Maintenance from Unemployed Husband under Section 125 CrPC, Citing Potential Earnings as Unskilled Labour

Posted on January 29, 2024January 29, 2024 by Matrimonial Advocates

In a recent judicial pronouncement, the Allahabad High Court underscored the legal imperative imposed upon a husband, irrespective of his employment status, to provide financial support to his wife in accordance with the provisions of Section 125 of ...

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Delhi High Court Modifies Father’s Visitation Rights to Support Child Coping with Difficulties in Custody Battle

Delhi High Court Modifies Father’s Visitation Rights to Support Child Coping with Difficulties in Custody Battle

Posted on January 29, 2024 by Matrimonial Advocates

“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.” In a big legal decision, the Delhi H...

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A married sister can request financial support for her underage brother from their father as per Section 125

A married sister can request financial support for her underage brother from their father as per Section 125

Posted on January 29, 2024 by Matrimonial Advocates

In its adjudication, the Madras High Court explicated that there exists no legal impediment precluding a sister from initiating a maintenance petition on behalf of her minor brother within the ambit of Section 125 of the Code of Criminal Procedure. I...

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Void marriage kids can claim a share in partitioned property

Void marriage kids can claim a share in partitioned property

Posted on January 23, 2024 by Matrimonial Advocates

The Supreme Court decided that children from marriages declared void or voidable are entitled to a share in the property hypothetically divided between their parents. In a legal proceeding, the division and ownership of agricultural lands, treated as...

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Interfaith converts required to recognize the influence of their new religion on divorce and succession matters

Interfaith converts required to recognize the influence of their new religion on divorce and succession matters

Posted on January 20, 2024January 20, 2024 by Matrimonial Advocates

The Court said that the person who is converting to another faith must be explained the tenets, rituals, and expectations inherent in religious conversion. On Friday, the Delhi High Court ruled that individuals changing their religion for marriage wi...

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Patna High Court Rules Against Husband’s Inherent Right to Seek Custody if Wife is a Minor

Patna High Court Rules Against Husband’s Inherent Right to Seek Custody if Wife is a Minor

Posted on January 18, 2024April 9, 2024 by Matrimonial Advocates

A division bench of Justices PB Bajanthri and Ramesh Chand Malviya dismissed a plea filed by a man who sought custody of his wife aged less than 17 years. The Patna High Court has recently affirmed that a husband lacks any inherent right to pursue cu...

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Expressing Disapproval of Wife’s Cooking Exempt from Section 498A IPC Charges

Expressing Disapproval of Wife’s Cooking Exempt from Section 498A IPC Charges

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

The Court quashed an FIR registered against the relatives of the husband who had been accused of cruelty under Section 498A of the Indian Penal Code by the wife. In the recent case of Sandesh Madhukar Salunkhe & Anr v. State of Maharashtra & ...

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