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Author: Matrimonial Advocates

Voilation of agreement in Mutual Consent Divorce

Voilation of agreement in Mutual Consent Divorce

Posted on August 26, 2023April 16, 2026 by Matrimonial Advocates

Guidelines for Mediation Settlement Agreement In the case of Rajat Gupta v. Rupali Gupta, 2018 SCC OnLine Del 9005, the issue came before the Court that whether any guidelines are required to be followed by the Court while recording the undertaking/a...

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Wife Insisting Husband to Live Separately from His Family with No Valid Justification is Cruelty

Wife Insisting Husband to Live Separately from His Family with No Valid Justification is Cruelty

Posted on August 24, 2023 by Matrimonial Advocates

The Delhi High Court recently observed that if a wife insists her husband to live apart from his family without any justified reason, it can be taken as an act of cruelty. A Bench of two justices (Suresh Kumar Kait and Neena Bansal Krishna) made the ...

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Woman can file cruelty case under Section 498a IPC after divorce: Gujarat High Court

Woman can file cruelty case under Section 498a IPC after divorce: Gujarat High Court

Posted on August 22, 2023 by Matrimonial Advocates

The Gujarat High Court on Friday held that a woman can file a complaint alleging cruelty under Section 498A of the Indian Penal Code (IPC) even after divorce, but it applies only for incidents that had taken place while the marriage was subsisting. J...

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Wishes of a Child cannot be a solitary reason for grant of custody: Bombay High Court

Wishes of a Child cannot be a solitary reason for grant of custody: Bombay High Court

Posted on August 19, 2023 by Matrimonial Advocates

The Bombay High Court recently ruled that the wishes of a child cannot create the sole reason for granting custody to a particular parent. While dismissing a petition by a father challenging the grant of custody of his minor daughter to the mother, J...

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Wife alleging husband of engaging into an illicit relationship with his mother amounts to cruelty: Chhattisgarh High Court

Wife alleging husband of engaging into an illicit relationship with his mother amounts to cruelty: Chhattisgarh High Court

Posted on August 17, 2023 by Matrimonial Advocates

The Chhattisgarh High Court recently ruled that if a wife alleges an illicit relationship between her husband and his mother, it would amount to mental cruelty thus a ground for seeking divorce from her. A division bench comprising Justice Goutam Bha...

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Husband’s Habit of Excessive Drinking is Mental Cruelty to his Wife and Family

Husband’s Habit of Excessive Drinking is Mental Cruelty to his Wife and Family

Posted on August 16, 2023 by Matrimonial Advocates

The Chhattisgarh High Court recently observed that if a husband gets involved in the habit of excessive drinking instead of discharging his duties, it would amount to mental cruelty to his wife and family also his children. A two-judge bench of Justi...

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Family Court is empowered to Review maintenance orders u/s. 128: Kerala HC

Family Court is empowered to Review maintenance orders u/s. 128: Kerala HC

Posted on August 16, 2023August 16, 2023 by Matrimonial Advocates

The Kerala High Court observed that the Family Courts are empowered to review maintenance orders as they are liable for enforcing the provisions under Chapter IX of the Criminal Procedure Code. Chapter IX’s objective is to provide neglected or ...

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Humiliating a husband by commenting on his skin color amounts to cruelty

Humiliating a husband by commenting on his skin color amounts to cruelty

Posted on August 9, 2023 by Matrimonial Advocates

Recently, the Karnataka High Court ruled that wife humiliating her husband by commenting on her dark-skin color amounts to cruelty. The Court further noted that the wife’s decision to distance herself from the company of her husband and to leve...

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Do hearing original petitions under Domestic Violence Act come under jurisdiction of family court?

Do hearing original petitions under Domestic Violence Act come under jurisdiction of family court?

Posted on August 5, 2023 by Matrimonial Advocates

The Kerala High Court is slated to consider pertinent questions regarding the jurisdiction of family courts when it comes to original petitions seeking relief under the Protection of Women from Domestic Violence Act. A division bench of justices A Mu...

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No prolonged adjournments should be given by Family Courts if referring parties to counseling: Delhi High Court

No prolonged adjournments should be given by Family Courts if referring parties to counseling: Delhi High Court

Posted on August 4, 2023 by Matrimonial Advocates

The Delhi High Court recently said that the family courts should not give very long adjournments while referring parties to counseling. Justice Navin Chawla observed that the family court has to also watch out for the counseling proceedings that take...

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