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Orders Issued Under Section 12 of the Guardians and Wards Act Can Be Appealed Under Section 19 of the Family Courts Act

Orders Issued Under Section 12 of the Guardians and Wards Act Can Be Appealed Under Section 19 of the Family Courts Act

Posted on October 18, 2024March 16, 2026 by Matrimonial Advocates

The Delhi High Court determined that orders made under Section 12 of the Guardians and Wards Act, 1890 (GW Act) are appealable under Section 19 of the Family Courts Act, 1984 (FC Act). A Full Bench was constituted by the Chief Justice in response to ...

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Section 125 CrPC Should Not Encourage Dependence or Idleness in Spouses Seeking Maintenance

Posted on October 18, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court emphasized that the maintenance provisions under Section 125 of the CrPC are not intended to create a “dependent class” of individuals relying on spousal financial support. In this case, the petitioner argued...

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Allahabad High Court: Consensual Long-term Relationship Without Fraud Not Deemed Rape on False Marriage Promise

Allahabad High Court: Consensual Long-term Relationship Without Fraud Not Deemed Rape on False Marriage Promise

Posted on October 17, 2024March 6, 2026 by Matrimonial Advocates

“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the ...

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Chhattisgarh High Court Affirms Maintenance for Woman in Live-in Relationship Under Domestic Violence Act

Posted on October 16, 2024 by Matrimonial Advocates

The Court rejected the man’s argument that since he was already married, the woman could not claim the benefits of the DV Act for a live-in relationship. The Chhattisgarh High Court recently confirmed an order requiring a man to pay maintenance...

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Ministry of Law and Justice: Notaries Are Not Allowed to Execute Marriage or Divorce Deeds

Ministry of Law and Justice: Notaries Are Not Allowed to Execute Marriage or Divorce Deeds

Posted on October 15, 2024October 15, 2024 by Matrimonial Advocates

The Union Ministry of Law and Justice has directed all Notaries to avoid executing marriage and divorce deeds, as they are not authorized as Marriage Officers. In an Office Memorandum issued by the Department of Legal Affairs, Notaries have been caut...

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Senior Citizens’ Right to Peace Prevails Over Daughter-In-Law’s Right to Reside in Shared Household Under DV Act in Cases of Harsh Ill-Treatment

Senior Citizens’ Right to Peace Prevails Over Daughter-In-Law’s Right to Reside in Shared Household Under DV Act in Cases of Harsh Ill-Treatment

Posted on October 15, 2024October 15, 2024 by Matrimonial Advocates

The Delhi High Court has ruled that a senior citizen’s right to live peacefully cannot be overridden by a woman’s right to reside in a shared household under the Protection of Women from Domestic Violence Act, 2005 (DV Act), especially wh...

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Allahabad High Court Rules: Consensual Long-Term Adultery Does Not Amount to Rape

Posted on October 14, 2024 by Matrimonial Advocates

The Court observed that a promise of marriage does not automatically render consensual intercourse as rape unless it is proven that such a promise was false from the outset. The Allahabad High Court recently determined that a long-term consensual adu...

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How Should Spouses Fulfill Sexual Needs Without Each Other?

How Should Spouses Fulfill Sexual Needs Without Each Other?

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

The torture or any assault, if any, is meted out not for any demand of dowry but on refusal of the wife to fulfil the sexual urges of the husband, the Court said. The Allahabad High Court recently rejected a cruelty case filed by a wife against her h...

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Bombay High Court Fines Husband ₹1 Lakh for Opposing Wife’s Transfer Plea

Bombay High Court Fines Husband ₹1 Lakh for Opposing Wife’s Transfer Plea

Posted on October 9, 2024October 9, 2024 by Matrimonial Advocates

The Court recognised the considerable hardships faced by the young mother attending the divorce proceeding with her infant, who requires ongoing medical care. The Bombay High Court on Monday imposed a cost of ₹1 lakh on a man for opposing his estrang...

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Private Laboratory FSL Report Cannot Be Disregarded Without Proper Justification

Posted on October 5, 2024 by Matrimonial Advocates

The Karnataka High Court affirmed that an FSL report from a private laboratory cannot be disregarded without proper evaluation and requires substantial justification for rejection. This statement was made in response to multiple criminal petitions fi...

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