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Author: Matrimonial Advocates

Telangana High Court May Cancel Support Order if Financial Details are Missing

Telangana High Court May Cancel Support Order if Financial Details are Missing

Posted on November 13, 2023 by Matrimonial Advocates

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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Loss of job no grounds to deny spousal maintenance (Hindu Marriage Act, Section 24)

Loss of job no grounds to deny spousal maintenance (Hindu Marriage Act, Section 24)

Posted on November 10, 2023 by Matrimonial Advocates

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...

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Supreme Court Tells Judges to Follow ‘Rajnesh v. Neha’ for Maintenance Rules

Posted on November 10, 2023 by Matrimonial Advocates

On 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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Jammu & Kashmir High Court: Muslim Wives Can Receive Support if Divorce is Legitimate

Jammu & Kashmir High Court: Muslim Wives Can Receive Support if Divorce is Legitimate

Posted on November 10, 2023 by Matrimonial Advocates

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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Son’s Widow Denied Inheritance Share from Mother-In-Law (HSA 15 & 16)

Son’s Widow Denied Inheritance Share from Mother-In-Law (HSA 15 & 16)

Posted on November 10, 2023 by Matrimonial Advocates

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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Supreme Court Permits Section 65B Evidence Act Certificate Submission Until Trial Conclusion

Supreme Court Permits Section 65B Evidence Act Certificate Submission Until Trial Conclusion

Posted on November 9, 2023 by Matrimonial Advocates

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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Appeal Needed for Section 12 DV Act Orders under Section 482 CrPC Challenge

Appeal Needed for Section 12 DV Act Orders under Section 482 CrPC Challenge

Posted on November 8, 2023 by Matrimonial Advocates

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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Denying Section 125 CrPC Claim Doesn’t Bar Pursuing Maintenance Claim Under the Domestic Violence Act

Denying Section 125 CrPC Claim Doesn’t Bar Pursuing Maintenance Claim Under the Domestic Violence Act

Posted on November 7, 2023 by Matrimonial Advocates

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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Waiver of Ad Valorem Court Fees in Punjab & Haryana Family Court for Marital Property and Maintenance Disputes

Waiver of Ad Valorem Court Fees in Punjab & Haryana Family Court for Marital Property and Maintenance Disputes

Posted on November 4, 2023 by Matrimonial Advocates

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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Kerala High Court Approves Family Court’s Power for DV Act Sections 18-22 Relief

Kerala High Court Approves Family Court’s Power for DV Act Sections 18-22 Relief

Posted on November 3, 2023 by Matrimonial Advocates

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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Matrimonial Advocates provides professional legal assistance for divorce, mutual consent divorce, child custody, maintenance and alimony, domestic violence, matrimonial disputes and marriage registration matters.

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