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Author: Matrimonial Advocates

Not Allowing Spouse To Have Sexual Intercourse For A Long Time Amounts To Mental Cruelty: Allahabad High Court

Not Allowing Spouse To Have Sexual Intercourse For A Long Time Amounts To Mental Cruelty: Allahabad High Court

Posted on May 25, 2023 by Matrimonial Advocates

Allahabad High Court dissolved the marriage stating denial of sexual relations amounts to cruelty.Husband had challenged the order of the family court. The family court had dismissed his divorce petition.The couple was married in 1979. His wife’s beh...

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Scolding a wife for an illegal relationship won’t fall under abetment of suicide: Telangana High Court

Scolding a wife for an illegal relationship won’t fall under abetment of suicide: Telangana High Court

Posted on May 25, 2023May 25, 2023 by Matrimonial Advocates

According to the High Court, it is natural for a husband to reprimand his wife when she is caught in an illicit affair. Scolding her for such a relationship is not an instigation to commit suicide as per the law. The prosecution made allegations of a...

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Timeline prescribed for disposal of matrimonial dispute suppressed by the wife; 25,000 cost imposed by Orissa HC

Timeline prescribed for disposal of matrimonial dispute suppressed by the wife; 25,000 cost imposed by Orissa HC

Posted on May 24, 2023 by Matrimonial Advocates

Orissa High Court dismissed the writ petition of a wife requesting reconciliation with her husband. She filed a writ challenging the family court’s decision. She had contended that the family court had failed to make efforts for conciliation be...

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Too much of being hyper-technical by family courts will cause harm: Delhi High Court

Too much of being hyper-technical by family courts will cause harm: Delhi High Court

Posted on May 23, 2023May 23, 2023 by Matrimonial Advocates

High Court had dismissed the order of the family court causing prejudice to a woman. The family court had rejected her cross examination right. She had prayed to cross examine her husband. The court observed that matrimonial cases are to be decided q...

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Delhi High Court stipulated norms for drafting mediation agreements

Delhi High Court stipulated norms for drafting mediation agreements

Posted on May 20, 2023 by Matrimonial Advocates

High Court said that mediation is a solution to the terrifying process that families undergo. Even minor changes in the agreement have a huge impact on them. The court was deciding a matter wherein mistakenly added names in a settlement agreement sig...

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Gujarat High Court upheld evidence on affidavit in Domestic Violence Act

Gujarat High Court upheld evidence on affidavit in Domestic Violence Act

Posted on May 12, 2023 by Matrimonial Advocates

Gujarat High Court held that the court can skip the procedure stipulated in the Domestic Violence Act. Courts have discretionary powers to evolve a new procedure. The wife in the case had approached the court requesting to discard the examination in ...

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To prove adultery charges, the family court should help a woman for gathering evidence: Delhi High Court

To prove adultery charges, the family court should help a woman for gathering evidence: Delhi High Court

Posted on May 11, 2023 by Matrimonial Advocates

Delhi High Court stated that the wife can produce evidence to prove adultery under Section 14 of, Family Courts Act. This evidence as such is not considered under Indian Evidence Act. The husband had approached High Court against 2 family court order...

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Can marriage be dissolved on ground of ‘irretrievable breakdown’?

Can marriage be dissolved on ground of ‘irretrievable breakdown’?

Posted on May 8, 2023April 16, 2026 by Matrimonial Advocates

Case Study Shilpa Sailesh v. Varun Sreenivasan [TP(C) No. 1118/2014] and other connected matters Citation: 2023 LiveLaw (SC) 375 The Supreme Court of India, delivered the judgment on a batch of petitions pertaining to the exercise of its powers under...

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Not fulfilling promise to marry based on getting divorce won’t be cheating: Calcutta High Court

Not fulfilling promise to marry based on getting divorce won’t be cheating: Calcutta High Court

Posted on May 2, 2023 by Matrimonial Advocates

It was alleged that the appellant cheated him through his conduct and that since beginning he had evil intentions. The appellant was convicted by trial court under Section 417/376 of the IPC. He was also sentenced to pay fine amounting Rs. 10 lakhs. ...

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The High Court of Andhra Pradesh rules that a Muslim father taking custody of male children over 7 years old from the mother does not amount to kidnapping

The High Court of Andhra Pradesh rules that a Muslim father taking custody of male children over 7 years old from the mother does not amount to kidnapping

Posted on April 26, 2023 by Matrimonial Advocates

Under Mohammedan law, the father is the lawful guardian of his male children during their minority and the mother can claim custody of such child only till he completes 7 years of age, the bench said. According to a recent judgment from the Andhra Pr...

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