Author: Matrimonial Advocates

“The condition of epilepsy is neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder, for making a ground under Section 13(1)(iii) of the Hindu Marriage Act,” the Court held. 1 In a consequentia...

The recent ruling from the Allahabad High Court underscored that within the duration of a marriage, it is incumbent upon the spouse who is the primary earner to ensure the protection of the other partner’s life, freedom, and dignity. The bench,...

In Thiruvananthapuram, on September 22nd, the Kerala High Court has stepped in and made the decision to terminate a marriage that had been facing severe difficulties for the past 38 years. The court argued that keeping a marriage intact when it had i...

The Madhya Pradesh High Court recently ruled that a husband cannot be held liable under Section 377 of the Indian Penal Code (IPC) for non-consensual ‘unnatural’ sexual relations with his wife since Indian law presently does not include a...

The Allahabad High Court has held that the family court ought not to reject an application for waving the statutory cooling period of six months in divorce proceedings under Section 13B(2) of the Hindu Marriage Act, 1955 in a mechanical manner. A ben...

ABC v. XYZ, 2023 SCC OnLine Del 5624, decided on 12-09-2023 Introduction The term ‘maintenance’ is defined as an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation ...

The Delhi High Court recently clarified that family courts cannot grant divorce on the ground of the ‘irretrievable breakdown of marriage’. While dealing with the present case involving Hindu parties, the Court observed that the family co...

The Karnataka High Court has quashed a complaint filed against a man by his wife under Section 498A of the Indian Penal Code after he refused to give money to her to buy necessities for performing a pooja. The Court found that the wife’s allega...

The Jharkhand High Court recently held that failing to provide adequate medical assistance to a spouse so as to pressurize her for dowry would come within the scope of cruelty mentioned in Section 498A of the Indian Penal Code (IPC). Single-judge Jus...

The Delhi High Court has recently observed that a husband cohabitating with another woman, after separating from his wife years ago due to no possibility of reconciliation during the pendency of the divorce petition, cannot disentitle him from seekin...