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Author: Matrimonial Advocates

Delhi High Court: Customary Hindu divorce valid only when proven with clear evidence

Posted on November 29, 2025 by Matrimonial Advocates

Once the Court is called upon to declare that there exists a custom contrary to the codified Hindu Marriage Act, the burden of proof is heavy on the party asserting the custom, the Court stressed. The Delhi High Court held that a customary divorce am...

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Living apart doesn’t mean a marriage has failed; courts must first determine who caused the separation, says Supreme Court

Posted on November 28, 2025 by Matrimonial Advocates

The Court indicated that unless there is cogent evidence of wilful desertion or refusal to cohabit, the marriage cannot be said to have “irretrievably broken down” for a divorce to be granted. The Supreme Court recently clarified that a d...

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Kerala High Court: Muslim husband cannot deny maintenance to first wife by citing financial duty to second wife

Posted on November 26, 2025 by Matrimonial Advocates

The law is well settled that even if a wife has the capability to earn or is earning something, it does not disentitle her from claiming maintenance, the Court said. The Kerala High Court recently ruled that a Muslim husband cannot deny maintenance t...

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Kerala High Court: Earning potential of wife not a ground to deny her maintenance

Posted on November 26, 2025 by Matrimonial Advocates

The law is well settled that even if a wife has the capability to earn or is earning something, it does not disentitle her from claiming maintenance, the Court said.   The Kerala High Court recently said that a woman cannot be refused maintenanc...

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Rajasthan High Court: Adult Son Has No Right to Live in Father’s Home Without Permission

Posted on November 25, 2025 by Matrimonial Advocates

In a significant relief for Mr. Khatri, the Rajasthan High Court ruled that his adult, married son has no right to stay in his house without his permission. The decision reinforces Mr. Khatri’s exclusive ownership and his authority to determine who m...

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Delhi High Court: A Wife’s Apathy Toward Her Elderly In-Laws Amounts to Cruelty

Delhi High Court: A Wife’s Apathy Toward Her Elderly In-Laws Amounts to Cruelty

Posted on October 31, 2025February 27, 2026 by Matrimonial Advocates

A spouse is expected to care for aged parents and elders in the household, the Court observed. The Delhi High Court has recently ruled that a wife’s indifference toward her elderly in-laws amounts to cruelty under matrimonial law, providing the husba...

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Delhi High Court Lays Down Comprehensive Guidelines on Maintenance Orders

Delhi High Court Lays Down Comprehensive Guidelines on Maintenance Orders

Posted on October 31, 2025 by Matrimonial Advocates

The Delhi High Court on Wednesday laid down key principles for assessing maintenance for wives and children, emphasizing the need for Family and Mahila Courts in the capital to deliver well-reasoned and transparent orders. Justice Swarana Kanta Sharm...

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Proof of Cruelty Essential for Applying Section 498A

Proof of Cruelty Essential for Applying Section 498A

Posted on October 28, 2025 by Matrimonial Advocates

Nagpur: The Supreme Court has ruled that to invoke Section 498A of the Indian Penal Code (IPC), allegations of cruelty must be backed by specific, clear, and credible evidence demonstrating harassment that caused severe injury or pushed the woman to ...

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Gurugram Court Allows Husband’s ₹1.80 Crore Damages Suit Against Wife Over False Dowry Charges

Gurugram Court Allows Husband’s ₹1.80 Crore Damages Suit Against Wife Over False Dowry Charges

Posted on October 28, 2025 by Matrimonial Advocates

The ruling is seen as a significant relief for husbands entangled in long-drawn legal disputes stemming from false matrimonial allegations In a landmark decision, the Gurugram District Court has admitted a ₹1.80 crore damages suit filed by a UK-based...

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Insulting Husband Mother Amounts to Mental Cruelty

Insulting Husband Mother Amounts to Mental Cruelty

Posted on October 28, 2025 by Matrimonial Advocates

The Delhi High Court noted that questioning a husband’s legitimacy by labeling him illegitimate and making disparaging remarks about his mother constitutes mental cruelty, which can serve as legitimate grounds for divorce. A Division Bench, comprisin...

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