The Telangana High Court underscores the indispensability of affiant submissions from both parties, delineating their respective financial positions in matters pertaining to maintenance claims. Adjudicatory orders rendered in the absence of such affi...
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The Karnataka High Court has rejected a husband’s petition challenging the interim maintenance granted to his separated wife, who cited his job loss as the reason. The decision was made by Justice M Nagaprasanna, presiding over a single-judge b...
Read MoreOn the 6th of November 2023, the Supreme Court, having observed the lack of conformity with maintenance directives articulated in the precedent of Rajnesh v. Neha and Another (2021) 2 SCC 32, particularly within the domain of matrimonial litigation, ...
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The Jammu and Kashmir High Court has issued a directive mandating the provision of interim financial maintenance by a Muslim petitioner to their spouse until such time as the substantiation of the asserted divorce occurs. Despite the inherent absence...
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The pronouncement by the Supreme Court delineates that, in conformity with Sections 15 and 16 of the Hindu Succession Act (HSA), the widow of a predeceased son does not inherently accrue an immediate entitlement to lay claim to a portion of the joint...
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The Supreme Court underscored the admissibility of a Section 65-B certificate pursuant to the Indian Evidence Act at any juncture during trial proceedings. In the adjudication of the Bangalore bomb blasts case, the Court expounded upon the fundamenta...
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Justice Sanjay Dhar of the Jammu and Kashmir and Ladakh High Court has emphasized that challenging orders issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) through Section 482 of the Criminal Procedure Code ...
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The Madhya Pradesh High Court has unequivocally stated that the rulings made by family courts concerning maintenance under Section 125 CrPC do not carry legal authority in matters governed by the Prevention of Women From Domestic Violence Act, 2005. ...
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The Punjab and Haryana High Court has determined that individuals filing petitions concerning marital property and maintenance payment disputes in the Family Court are not required to pay ad valorem court fees. Justice Gurbir Singh emphasized that Fa...
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The Kerala High Court has clarified that the Family Court has the legal authority to handle petitions for relief under the Protection of Women from Domestic Violence Act, 2005. “What is discerned from the provisions of Section 12 is that an agg...
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