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Gauhati HC: Delay in Matrimonial Appeal Filing Requires Justification to Bar Remarriage under Hindu Marriage Act

Gauhati HC: Delay in Matrimonial Appeal Filing Requires Justification to Bar Remarriage under Hindu Marriage Act

Posted on June 14, 2024 by Matrimonial Advocates

Recently, the Gauhati High Court denied an Interlocutory Application by a woman seeking forgiveness for a 122-day delay in filing her matrimonial appeal challenging a District Court’s ex-parte divorce decree. Justice Parthiv Jyoti Saikia, actin...

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Allahabad HC allows Section 483 CrPC application for quick resolution of Section 125 CrPC petition by Family Court.

Allahabad HC allows Section 483 CrPC application for quick resolution of Section 125 CrPC petition by Family Court.

Posted on June 14, 2024 by Matrimonial Advocates

The Allahabad High Court observed that since a family court exercises the powers of a Judicial Magistrate while adjudicating applications under Section 125 Cr.P.C., requests for accelerated resolution under Section 483 Cr.P.C. are permissible. The Co...

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Section 217 of the CrPC | Supreme Court: Both Parties Must Have the Opportunity to Recall or Re-examine Witnesses When Charges Are Modified

Section 217 of the CrPC | Supreme Court: Both Parties Must Have the Opportunity to Recall or Re-examine Witnesses When Charges Are Modified

Posted on June 12, 2024June 12, 2024 by Matrimonial Advocates

The Supreme Court ruled that when charges are modified, both parties must have the chance to recall or re-examine witnesses concerning the modified charges, and the reasons for the alteration must be documented in the judgment. “A Court may alter or ...

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The Allahabad High Court ruled that an adult’s right to marry or live with a partner of their choice is safeguarded by Article 21

The Allahabad High Court ruled that an adult’s right to marry or live with a partner of their choice is safeguarded by Article 21

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

In a significant ruling, the Allahabad High Court recently declared that an adult cannot be prevented from going wherever they wish, living with a person of their choice, or solemnizing a marriage according to their will, as these rights are protecte...

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The Allahabad High Court ruled that once cruelty is established under Section 13 of the Hindu Marriage Act, divorce must be granted, regardless of evidence of desertion

The Allahabad High Court ruled that once cruelty is established under Section 13 of the Hindu Marriage Act, divorce must be granted, regardless of evidence of desertion

Posted on June 7, 2024 by Matrimonial Advocates

The Allahabad High Court emphasized that once the Family Court establishes cruelty, the marriage ought to be dissolved, regardless of whether desertion is proven or not. It underscored the separate and independent nature of the divorce grounds outlin...

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Allahabad High Court Rules: Divorce Must Be Granted and Restitution of Conjugal Rights Denied Once Cruelty Is Proven

Allahabad High Court Rules: Divorce Must Be Granted and Restitution of Conjugal Rights Denied Once Cruelty Is Proven

Posted on June 7, 2024June 7, 2024 by Matrimonial Advocates

The Allahabad High Court has ruled that once cruelty is established, a divorce decree must be issued, and any suit for restitution of conjugal rights must be dismissed. This ruling was made by the Lucknow Bench in a series of appeals filed under Sect...

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Supreme Court Expresses Concern Over Parents Using Child as a Pawn in Custody Battle

Supreme Court Expresses Concern Over Parents Using Child as a Pawn in Custody Battle

Posted on June 4, 2024 by Matrimonial Advocates

“You both do not have any love for your child and are just fighting on the child’s expense,” the Court added on finding that the child had been sick since last November. On Monday, the Supreme Court expressed concern for the well-be...

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The Allahabad High Court Allows Interfaith Marriages Without Mandating Conversion

The Allahabad High Court Allows Interfaith Marriages Without Mandating Conversion

Posted on June 1, 2024 by Matrimonial Advocates

The court observed,”Interfaith couples who choose not to convert for marriage can register their union under the Special Marriage Act.” In Prayagraj, Uttar Pradesh, the Allahabad High Court emphasized that interfaith couples can marry und...

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Kerala HC: Some Wives File Criminal Cases with Vague Allegations to Seek Revenge on Husbands and Their Relatives

Kerala HC: Some Wives File Criminal Cases with Vague Allegations to Seek Revenge on Husbands and Their Relatives

Posted on June 1, 2024 by Matrimonial Advocates

The Kerala High Court noted that some wives lodge criminal cases with vague accusations to damage the reputations of their husbands and their relatives. This comment was made in the context of a criminal miscellaneous case filed under Section 482 of ...

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Offering dowry is considered a crime, yet brides and their families evade legal consequences due to a loophole, which the Allahabad High Court finds alarming

Offering dowry is considered a crime, yet brides and their families evade legal consequences due to a loophole, which the Allahabad High Court finds alarming

Posted on May 31, 2024 by Matrimonial Advocates

In a recent judgment, the Allahabad High Court clarified the provisions of the Dowry Prohibition Act of 1961 and the Uttar Pradesh Dowry Prohibition Rules of 1999. The court highlighted a troubling pattern where grooms and their families are prosecut...

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