The Bombay High Court on Friday quashed an FIR lodged by a judicial officer against her husband and in-laws, accusing them of cruelty and other offences, deeming it a retaliatory act in a matrimonial dispute. A division bench of Justice A.S. Chandurk...
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“The interest of the minor child is paramount,” the Court reiterated. The Supreme Court recently ruled that in child custody disputes, a father’s visitation rights cannot come at the expense of the child’s health and well-bein...
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The Court emphasized the urgent need for family court judges to exercise their judicial mind with heightened sensitivity and responsibility. The Allahabad High Court recently emphasized the need for the judicial system to prioritize the swift resolut...
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The Supreme Court has ruled that a divorced wife cannot seek permanent alimony solely to attain financial parity with her ex-husband. Highlighting a concerning trend in matrimonial disputes, the Court noted that maintenance or alimony should not be t...
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The Court rejected arguments by the in-laws of woman that they could not be charged in a DV case since there was no domestic relationship between them and their daughter-in-law after she left the marital home in 2016. The High Court of Jammu and Kash...
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The Madhya Pradesh High Court has reiterated that a decree under Section 9 of the Hindu Marriage Act, 1955 (HMA), does not bar the granting of maintenance under Section 125 of the Criminal Procedure Code (CrPC). The Indore Bench considered a Criminal...
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The Calcutta High Court has dismissed a case filed by a wife against her husband under Section 498A of the IPC, accusing him of cruelty, three years after she had left their matrimonial home. Despite moving out in 2020, the wife filed a complaint all...
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The Madhya Pradesh High Court ruled that prolonged separation, absence of cohabitation, irreparable breakdown of the relationship, and hostility between spouses constitute ‘cruelty’ under Section 13(1)(a) of the 1955 Act. “Where the marit...
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Emphasis ought to be to encourage the enduring benefits of familial unity and cordiality, the Court said. The Rajasthan High Court recently underscored the importance of thorough evaluation and careful scrutiny before accepting criminal complaints st...
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The Supreme Court clarified that these factors are intended as a ‘guideline’ rather than a ‘strict formula’ for determining permanent alimony. The Court has identified eight factors to be taken into account when deciding on th...
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