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Author: Matrimonial Advocates

Allahabad High Court Says Australian Wife on Short Visit to India Can’t File for Divorce, Citing Section 19 of HMA

Allahabad High Court Says Australian Wife on Short Visit to India Can’t File for Divorce, Citing Section 19 of HMA

Posted on November 3, 2023 by Matrimonial Advocates

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.” In a recent adjudication, the Allahabad High Court confronted an appeal brought forth by a petitioner under th...

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Examine All Evidence for Truth, Not Just Prosecution

Examine All Evidence for Truth, Not Just Prosecution

Posted on November 3, 2023 by Matrimonial Advocates

A bench led by Justice Vinay Joshi ordered an investigating officer to consider the evidence produced by the accused booked in case under Sections 498A and 306 of the IPC after his wife died by suicide. In a recent case, Nikhil Ashokrao Waghmare vs S...

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AP High Court Suggests One Court for Divorce and Conjugal Rights Cases with the Same Parties

AP High Court Suggests One Court for Divorce and Conjugal Rights Cases with the Same Parties

Posted on November 2, 2023 by Matrimonial Advocates

The Andhra Pradesh High Court has rendered its consent to the transfer of a matrimonial case initiated by the husband from one jurisdictional district court to another. The primary motivation for this transfer petition is to preclude the prospect of ...

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Delhi High Court Defers to Supreme Court for Irretrievable Breakdown Divorces

Delhi High Court Defers to Supreme Court for Irretrievable Breakdown Divorces

Posted on November 2, 2023 by Matrimonial Advocates

The Delhi High Court has unequivocally affirmed that the exclusive jurisdiction to grant a divorce on the grounds of irretrievable breakdown of a marriage is vested in the Supreme Court, as delineated by Article 142 of the Indian Constitution. In a p...

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MP HC quashes 498-A IPC FIR, prioritizes amicable matrimonial resolution.

MP HC quashes 498-A IPC FIR, prioritizes amicable matrimonial resolution.

Posted on November 1, 2023 by Matrimonial Advocates

The Madhya Pradesh High Court has articulated the overarching objective of the law, extending beyond punitive measures to encompass the preservation of societal peace, tranquility, and concord. The Court has underscored the paramount importance of co...

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Calcutta High Court Issues a Rebuke of Inequitable Ex-Parte Matrimonial Orders

Calcutta High Court Issues a Rebuke of Inequitable Ex-Parte Matrimonial Orders

Posted on November 1, 2023 by Matrimonial Advocates

Justice Shampa Sarkar made the observation while dealing with a husband’s plea challenging at least four orders passed ex-parte and in favour of his estranged wife in a matrimonial suit. The Calcutta High Court has recently observed issues conc...

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Delhi Court Advocates Compulsory Prenuptial Agreements in Cases of No-Fault Divorce

Delhi Court Advocates Compulsory Prenuptial Agreements in Cases of No-Fault Divorce

Posted on October 31, 2023 by Matrimonial Advocates

The Court stressed that refusal to grant divorce would force parties to suffer further and would amount to “law-induced mental cruelty.” In a recent legal ruling, a Delhi court has advocated the compulsory inclusion of prenuptial agreemen...

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MP High Court Clears Husband in Matrimonial Dispute, Citing Unnecessary Complexity

MP High Court Clears Husband in Matrimonial Dispute, Citing Unnecessary Complexity

Posted on October 30, 2023 by Matrimonial Advocates

The Madhya Pradesh High Court, in reliance upon the mutual compromise between the matrimonial partners, invoked its jurisdiction under Section 482 of the Code of Criminal Procedure (CrPC) to extinguish the pending criminal case against the husband. “...

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Delhi High Court Revisits Paternity with DNA Test under Section 112 of Evidence Act

Delhi High Court Revisits Paternity with DNA Test under Section 112 of Evidence Act

Posted on October 30, 2023 by Matrimonial Advocates

Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are m...

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Delhi Court Grants Disputed Mutual Divorce, Calls for Mandatory Prenuptial Agreements

Delhi Court Grants Disputed Mutual Divorce, Calls for Mandatory Prenuptial Agreements

Posted on October 28, 2023 by Matrimonial Advocates

In a notable legal development, a Delhi Court issued a decree of mutual divorce pursuant to Section 13B of the Hindu Marriage Act, despite the wife’s protracted and resolute opposition to her husband’s divorce petition over the course of ...

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