Author: Matrimonial Advocates

The Karnataka High Court has denied the appeal of a woman who contested the family court’s decision to grant a divorce on the grounds of desertion. The woman failed to dispute the claims made by her husband in the petition. The court, presided ...

The Bombay High Court has held that for a child’s healthy growth, it is essential to have the company of both parents and siblings [Ashu Dutt v. Aneesha Dutt]. The Court noted that matrimonial disputes are often fiercely fought in India, and ch...

The Madhya Pradesh High Court rejected a petition which stated that the second wife of a government employee should receive family pension, even if the employee married her without getting a divorce from his first wife and without obtaining prior per...

According to the parens patriae jurisdiction, the Patna High Court has emphasized that when a girl child expresses discomfort in living with her mother, even if it is a temporary situation, it is a crucial factor that the Family Court must consider w...

The Calcutta High Court recently ruled that a husband can be granted a divorce on grounds of mental cruelty inflicted by his wife, who forces him to live separately from his parents and labels him as a “coward and unemployed.” The court s...

The Delhi Commission for Protection of Child Rights (DCPCR) has submitted an intervention application in the ongoing cases before a Constitution bench of the Supreme Court seeking legal recognition of same-sex marriages in India. The DCPCR, which is ...

During a recent hearing, Justice Joytsna Rewal Dua of the Himachal Pradesh High Court stated that if a couple has access to each other, it serves as conclusive proof of the legitimacy of their child. This means that Section 112 of the Indian Evidence...

The Allahabad High Court recently addressed an important question regarding whether the principle of res judicata applies to proceedings under Section 125 of the Criminal Procedure Code (CrPC). The case concerned an application to quash a judgment an...

The Delhi High Court has stated that the right to dwell in a marital home, as per the Protection of Women from Domestic Violence Act 2005, encompasses the right to live in a secure and healthy atmosphere. Justice Tushar Rao Gedela made this remark wh...

Justice S.G. Mehare’s bench heard a petition that challenged the ruling of the Additional Sessions Judge. The case involved a wife who had filed for divorce from her husband, citing cruelty and desertion, but her petition was dismissed. She als...