Matrimonial Advocates, Author at Matrimonial Advocates

Ruling in Matrimonial Dispute, Punjab and Haryana High Court Rules Transfer Cannot Be Made in Favor of Wife; Grants Relief to Husband Diagnosed with Brain Cancer

Posted on February 13, 2023 by Matrimonial Advocates

In a matrimonial dispute, the Punjab and Haryana High Court granted relief to the husband, ruling that a transfer of a case cannot always be made in favor of the wife. The bench, consisting of Justice Nidhi Gupta, allowed the transfer request submitt...

Bail Granted to Accused in POCSO Case Involving a Consensual Relationship with a Teenager: Delhi High Court Rules in Favor of the Accused After the Alleged ‘Victim’ Expresses Desire to Marry Him

Posted on February 11, 2023 by Matrimonial Advocates

The Delhi High Court has approved bail for a 21-year-old individual who was charged under the Protection of Children from Sexual Offences (POCSO) Act. The alleged victim, who was 17 years old at the time of the alleged offense, submitted a declaratio...

Bombay High Court Grants Petitioner’s Request to Transfer Domestic Violence Case to Family Court where Divorce Proceeding is Ongoing

Posted on February 9, 2023 by Matrimonial Advocates

The Bombay High Court approved the petitioner’s motion to transfer the domestic violence case from the Magistrate’s Court to the Family Court, where a divorce petition has been filed. The court stated that the transfer would not result in...

The Orissa High Court Reiterates that a Case under Section 498A of the Indian Penal Code Can Be Filed at the Residence of the Wife After She Leaves the Matrimonial Home Due to Cruelty

Posted on February 3, 2023 by Matrimonial Advocates

The Orissa High Court has emphasized that a complaint under Section 498A of the Indian Penal Code may be lodged at the location of residence of the woman who has left or been forced to leave the matrimonial home due to cruelty. The court designated t...

Delhi High Court Rules Domestic Violence Act Does Not Provide Protection to Husband or Male Family Member, Stays Case Filed by Husband Against Wife

Posted on February 2, 2023 by Matrimonial Advocates

The Delhi High Court has indicated a preliminary view that the Protection of Women from Domestic Violence Act, 2005 does not extend protection to a husband or male family member, as indicated by Section 2(a) of the statute. Section 2(a) defines an “a...

Kerala High Court Calls for Reexamination of 30-Day Mandatory Residence Requirement and Subsequent Waiting Period in the Special Marriage Act for Young Couples Predominantly Working Abroad.

Posted on February 1, 2023 by Matrimonial Advocates

Writ Petition has been filed before the Kerala High Court challenging the provision of the Special Marriage Act requiring a 30-day waiting period after the submission of the notice of intended marriage. The Petition seeks a declaration that the manda...

Maintenance U/S 125 CrPC Can Be Claimed By Wife Even If She Receives Alimony But Not Able To Maintain Self or Children

Posted on February 1, 2023April 16, 2026 by Matrimonial Advocates

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 or divorce. The terms ‘maintenance’ and ‘a...

Madras High Court Ruling: Khula Only Available Through Family Courts for Muslim Women Seeking Divorce, Not Shariat Councils

Posted on January 31, 2023 by Matrimonial Advocates

The Court said that while Muslim women have the absolute right to pronounce unilateral divorce through Khula under the Muslim personal law, the same can be exercised only through a statutory court. In the case of Mohammed Rafi v The State, the Madras...

Kerala High Court Rules That Unmarried Daughter Not Eligible for Father’s Maintenance Under S.125 CrPC Solely Based on Inability to Support Self

Posted on January 30, 2023 by Matrimonial Advocates

The Kerala High Court Emphasizes That Unmarried Daughters Who Have Reached Majority Cannot Demand Maintenance from Father Under S.125(1) CrPC Based Only on Lack of Means for Livelihood. The Court notes that if an unmarried daughter has a physical or ...

[Section 24 of the Hindu Marriage Act] The Karnataka High Court has ruled that an able-bodied husband cannot seek maintenance from his wife as it would encourage laziness

Posted on January 25, 2023 by Matrimonial Advocates

The Karnataka High Court has ruled that directing a wife to pay maintenance to an able-bodied husband who does not have any disability or infirmity would be an encouragement of idleness. A single judge bench of Justice M Nagaprasanna made it clear th...