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Author: Matrimonial Advocates

Wife Leaving Matrimonial House with Traditional Marriage Ornaments Can’t Be Liable For Cheating: Calcutta High Court

Wife Leaving Matrimonial House with Traditional Marriage Ornaments Can’t Be Liable For Cheating: Calcutta High Court

Posted on August 3, 2023August 3, 2023 by Matrimonial Advocates

Recently, the Calcutta High Court quashed a cheating and fraud case filed against a woman. The husband of the woman was accused of taking away precious ornaments and cell phone from her matrimonial home. A Single-Judge bench of Justice Shampa Dutt (P...

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Man entitled to tie the knot second time under personal law is duty-bound to maintain his first wife

Man entitled to tie the knot second time under personal law is duty-bound to maintain his first wife

Posted on August 1, 2023 by Matrimonial Advocates

A man who is entitled to second marriage under personal law is also bound to maintain his first wife, the Calcutta High Court observed on Monday while quashing a session court order reducing the maintenance for the first wife of the husband from ₹600...

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Husband’s Primary Duties include Looking After His Wife and Children, Says Holy Quran

Husband’s Primary Duties include Looking After His Wife and Children, Says Holy Quran

Posted on July 31, 2023 by Matrimonial Advocates

The Holy Quran says that the husband to look after his wife and children, especially in case they are in disablement condition, the Karnataka High Court said recently. It said this while rejecting a petition filed by a Muslim man against a maintenanc...

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Family Courts should decide divorce cases within a year: High Court

Family Courts should decide divorce cases within a year: High Court

Posted on July 28, 2023July 28, 2023 by Matrimonial Advocates

When a matrimonial case involves a plea for divorce, the courts should aim to dispose of it within a period of note more than one year so that after the event of grant of a divorce decree, the parties may restructure their lives, said the High Court....

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Wife’s Inability to Bear Child neither Impotence nor Valid Ground for Divorce

Wife’s Inability to Bear Child neither Impotence nor Valid Ground for Divorce

Posted on July 27, 2023 by Matrimonial Advocates

The Patna High Court recently held that the inability to conceive a child is neither considered impotence nor a valid reason for dissolving the marriage. A two-judge bench consisting of Justice Jitendra Kumar and Justice PB Bajanthri highlighted that...

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The second wife doesn’t have legal rights to file complaint against husband, in-laws for cruelty

The second wife doesn’t have legal rights to file complaint against husband, in-laws for cruelty

Posted on July 25, 2023 by Matrimonial Advocates

A second wife of a man is not entitled to file a complaint against her husband or family members of the husband for cruelty under Section 498A of the Indian Penal Code (IPC) since she is not recognised as a legally wedded wife, the Karnataka High Cou...

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Husband can’t be deprived of attending his child’s PTM

Husband can’t be deprived of attending his child’s PTM

Posted on July 18, 2023 by Matrimonial Advocates

Gujarat High Court has ruled that when a couple (husband & wife) are contesting the custody of their child right after their separation, the husband can’t be stopped from attending his child’s Parents Teacher Meeting (PTM) in the scho...

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Wife initiating litigation for the vindication of her rights can’t be taken as mental cruelty: Madras High Court

Posted on July 18, 2023 by Matrimonial Advocates

The Madras High Court has recently held that if a woman initiates litigation to vindicate her rights, it can never be taken as mental cruelty to the husband. Justice R Vijaykumar of the Madurai Bench of the Madras High Court kept aside the divorce de...

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DNA Test Request if Rejected Even After Long Cohabitation Between Man & Woman, Would Leave a Child Stigmatized for Whole Life: Kerala High Court

DNA Test Request if Rejected Even After Long Cohabitation Between Man & Woman, Would Leave a Child Stigmatized for Whole Life: Kerala High Court

Posted on July 14, 2023 by Matrimonial Advocates

The Kerala High Court recently held that when there is prima facie evidence of long cohabitation between a man and woman, the plea for a DNA test of the man to determine the paternity of a child who is born out of the relationship cannot be rejected....

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Can’t pass order to make Section 498A IPC a compoundable offence: Bombay High Court

Can’t pass order to make Section 498A IPC a compoundable offence: Bombay High Court

Posted on July 14, 2023July 14, 2023 by Matrimonial Advocates

The Bombay High Court said on Thursday that it can’t pass an order to make Section 498A of the Indian Penal Code (IPC) which criminalizes cruelty to a wife at her marital home by the husband or his relatives, a compoundable offence. A Two-Judge...

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