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Author: Matrimonial Advocates

Delhi High Court Advocates Leniency in Matrimonial Disputes, Encourages Flexibility Over Strict Procedural Rules in Family Courts

Delhi High Court Advocates Leniency in Matrimonial Disputes, Encourages Flexibility Over Strict Procedural Rules in Family Courts

Posted on December 23, 2023 by Matrimonial Advocates

In a recent ruling, the Delhi High Court granted approval to a wife’s petition challenging the termination of her right to cross-examine her husband during divorce proceedings. The court underscored the importance of Family Courts striking a de...

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Supreme Court Rules Against Imposing Bail Condition Mandating Husband’s Reconciliation with Wife under Section 498A IPC

Supreme Court Rules Against Imposing Bail Condition Mandating Husband’s Reconciliation with Wife under Section 498A IPC

Posted on December 9, 2023 by Matrimonial Advocates

In a recent ruling, the Supreme Court declared that it is impermissible to impose a condition requiring an accused husband, seeking anticipatory bail under Section 498A of the IPC, to bring his wife to his residence and ensure her maintenance and dig...

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Transparent Income Proof Essential for Fair Maintenance Assessment under Domestic Violence Act

Transparent Income Proof Essential for Fair Maintenance Assessment under Domestic Violence Act

Posted on December 9, 2023December 9, 2023 by Matrimonial Advocates

The High Court of Jammu and Kashmir and Ladakh underscores the imperative of adducing substantive evidentiary support pertinent to the husband’s income before the trial court. Such evidentiary substantiation assumes a pivotal role in facilitati...

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Wife’s earnings not a complete barrier to maintenance, rules Delhi High Court

Posted on December 8, 2023 by Matrimonial Advocates

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with r...

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Delhi High Court Affirms Women’s Complete Rights as ‘Karta’ in Hindu Families, Hindu Law Imposes No Restrictions.

Posted on December 8, 2023 by Matrimonial Advocates

The Delhi High Court has pronounced that the entitlement of women to assume the role of Karta within a Hindu Undivided Family (HUF) remains uninhibited by legislative prescriptions or traditional Hindu legal norms. In articulating their decision, the...

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Karnataka High Court: Unjustified Rejection of Mutual Divorce due to Unsuccessful Mediation

Posted on December 8, 2023 by Matrimonial Advocates

The Karnataka High Court has highlighted the impropriety of summarily rejecting a mutual divorce petition solely due to unsuccessful mediation caused by the non-appearance of the parties. In the context of an appeal challenging the Family Court’...

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Lok Sabha Approves the 2023 Amendment to the Advocates Bill

Lok Sabha Approves the 2023 Amendment to the Advocates Bill

Posted on December 5, 2023 by Matrimonial Advocates

The bill is part of Central government’s endeavour to repeal “all obsolete laws or pre-independence Acts” that have lost their utility. On the preceding Monday, the Lok Sabha accorded its assent to the Advocates (Amendment) Bill of ...

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Delhi High Court: Prioritizing Support for Victims Over Punishing Defaulters in Maintenance under the Domestic Violence Act

Delhi High Court: Prioritizing Support for Victims Over Punishing Defaulters in Maintenance under the Domestic Violence Act

Posted on December 5, 2023 by Matrimonial Advocates

The Court has held that persons cannot be summoned by a trial court under Section 31 of the DV Act for a failure to pay maintenance ordered by the court under Section 20 of the Act. The Delhi High Court has expounded that the primary objective of mai...

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Madhya Pradesh High Court: Wife Can Ask for Support under Domestic Violence Act, Even if Section 125 CrPC Claim Gets Rejected

Madhya Pradesh High Court: Wife Can Ask for Support under Domestic Violence Act, Even if Section 125 CrPC Claim Gets Rejected

Posted on December 4, 2023 by Matrimonial Advocates

The Court passed the order on a plea challenging an order directing a husband to pay ₹5,000 as interim maintenance under the Domestic Violence Act to his wife. The Madhya Pradesh High Court recently opined that the disapproval of a wife’s petit...

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Calcutta High Court Renders Section 498A FIR, Lodged by the Wife Against the Husband and In-laws, Invalid After a 19-Year Duration

Calcutta High Court Renders Section 498A FIR, Lodged by the Wife Against the Husband and In-laws, Invalid After a 19-Year Duration

Posted on December 1, 2023 by Matrimonial Advocates

Justice Shampa Dutt (Paul) noted that there was no evidence to support the wife’s claim that she was mercilessly beaten and also was tortured for dowry. In the matter of Suman Kumar Das vs State of West Bengal, the Calcutta High Court adjudicat...

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