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Delay in Filing Complaint Doesn’t Automatically Negate Claims of Cruelty to Wife: Supreme Court

Posted on December 11, 2024 by Matrimonial Advocates

The Court was dealing with a case where the father of a woman who died by suicide filed a complaint after her death, accusing her husband and in-laws of having subjected her to cruelty. The Supreme Court on Tuesday emphasized that a delay in lodging ...

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Supreme Court: Section 498A Often Abused to Force Husbands into Fulfilling Unreasonable Demands by Wives

Supreme Court: Section 498A Often Abused to Force Husbands into Fulfilling Unreasonable Demands by Wives

Posted on December 11, 2024December 11, 2024 by Matrimonial Advocates

  The Court said that there is a growing trend to use the provision as a tool by women for unleashing personal vendetta against the husband and his family. On Tuesday, the Supreme Court expressed concern over the prevalent misuse of Section 498A...

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Supreme Court: Declining Marriage Proposal Is Not Considered Abetment of Suicide

Supreme Court: Declining Marriage Proposal Is Not Considered Abetment of Suicide

Posted on November 30, 2024November 30, 2024 by Matrimonial Advocates

The Court noted that the deceased’s dying declaration did not allege any physical relationship or sexual intercourse with the accused based on a promise of marriage. On Friday, the Supreme Court ruled that merely refusing to marry does not amount to ...

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Strict proof of marriage not precondition for maintenance under Section 125 CrPC: Calcutta High Court

Strict proof of marriage not precondition for maintenance under Section 125 CrPC: Calcutta High Court

Posted on November 30, 2024November 30, 2024 by Matrimonial Advocates

Justice Ajay Kumar Gupta observed that the claimant has to only prove a prima facie case of marriage to seek maintenance under Section 125 of the Code of Criminal Procedure, 1973. The Calcutta High Court recently stated that when a man and woman have...

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Allegation of Wife’s Quarrelling Insufficient to Establish Cruelty: Allahabad High Court

Posted on November 30, 2024 by Matrimonial Advocates

The Court held that the husband’s claims of cruelty were nothing more than the usual challenges and disagreements in married life.” The Allahabad High Court recently held that accusing a wife of engaging in unnecessary quarrels with her husband...

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Supreme Court Warns Courts Against Over-Implication of Husband’s Distant Relatives in Exaggerated S.498A IPC Cases

Supreme Court Warns Courts Against Over-Implication of Husband’s Distant Relatives in Exaggerated S.498A IPC Cases

Posted on November 30, 2024November 30, 2024 by Matrimonial Advocates

The Supreme Court has advised lower courts to avoid the unnecessary inclusion of a husband’s distant relatives in criminal cases filed by a wife alleging domestic cruelty under Section 498A of the Indian Penal Code. This observation came from a...

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Supreme Court Raises Concerns Over Rising Trend of Rape Cases Filed After Consensual Relationships End

Supreme Court Raises Concerns Over Rising Trend of Rape Cases Filed After Consensual Relationships End

Posted on November 30, 2024November 30, 2024 by Matrimonial Advocates

A Bench of Justice BV Nagarathna and Justice N Kotiswar Singh flagged the “worrying trend” of attributing criminality to the male partner after a consensual sexual relationship turns sour later. On Tuesday, the Supreme Court ruled that a ...

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Delhi Court Orders Woman to Pay ₹15 Lakh in Defamation Case by Ex-Husband

Posted on November 26, 2024 by Matrimonial Advocates

The case revolved around allegations of defamatory emails and chats that the ex-wife had purportedly sent, targeting her ex-husband NEW DELHI: The Saket Court in Delhi has ruled in favor of a man in a defamation case against his ex-wife, ordering her...

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Wife’s Revocation of Consent for Mutual Divorce Doesn’t Justify Dismissal of Cruelty Case: Bombay High Court

Wife’s Revocation of Consent for Mutual Divorce Doesn’t Justify Dismissal of Cruelty Case: Bombay High Court

Posted on November 22, 2024November 22, 2024 by Matrimonial Advocates

The Court observed that the Section 13B of the Hindu Marriage Act grants a party the unqualified right to withdraw consent for mutual divorce, regardless of any prior undertaking or settlement in or outside of court. The Bombay High Court ruled on Tu...

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Supreme Court: A Breakup Alone Does Not Justify Rape Charges Against a Man

Supreme Court: A Breakup Alone Does Not Justify Rape Charges Against a Man

Posted on November 21, 2024November 21, 2024 by Matrimonial Advocates

The Court was of the view that it was inconceivable for the girl-complainant to maintain a prolonged relationship with the accused without her consent. On Wednesday, the Supreme Court dismissed a rape case against a man, citing the girl’s long-...

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