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Hindu-Muslim Marriage Invalid Under Muslim Personal Law: Madhya Pradesh High Court Denies Protection Request from Interfaith Couple

Hindu-Muslim Marriage Invalid Under Muslim Personal Law: Madhya Pradesh High Court Denies Protection Request from Interfaith Couple

Posted on May 31, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court recently denied protection to an interfaith couple, stating that a marriage between a Muslim man and a Hindu woman is invalid under Muslim Personal Law. The couple, who claimed to be in love, had approached the Marriage ...

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Allahabad High Court: Temporary Change of Residence Does Not Impact Court’s Authority Regarding Minor Guardianship Requests

Allahabad High Court: Temporary Change of Residence Does Not Impact Court’s Authority Regarding Minor Guardianship Requests

Posted on May 30, 2024 by Matrimonial Advocates

The Allahabad High Court emphasized that the primary residence of a minor is pivotal in establishing a court’s jurisdiction for guardianship petitions, irrespective of any temporary relocation at the time of filing the petition. The Bench clari...

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Allahabad High Court to Review Husband’s Counterclaim Following Wife’s Withdrawal of Divorce Petition, Separate Consideration Required

Allahabad High Court to Review Husband’s Counterclaim Following Wife’s Withdrawal of Divorce Petition, Separate Consideration Required

Posted on May 24, 2024May 24, 2024 by Matrimonial Advocates

The Allahabad High Court observed that even though the wife has retracted her divorce petition, the husband’s counterclaim will persist, stressing the necessity for its separate consideration. The wife lodged an appeal disputing the Family Cour...

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Mental cruelty can persist even after leaving the marital home and residing with parents: MP High Court

Mental cruelty can persist even after leaving the marital home and residing with parents: MP High Court

Posted on May 24, 2024May 24, 2024 by Matrimonial Advocates

MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted. Madhya Pradesh High Court: In a case seeking to quash an FIR for ...

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Madhya Pradesh High Court: Submission of Written Statements Beyond the Permissible Time May Be Allowed in Exceptional Circumstances

Madhya Pradesh High Court: Submission of Written Statements Beyond the Permissible Time May Be Allowed in Exceptional Circumstances

Posted on May 23, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court emphasized that according to Order VIII Rule 1 of the Civil Procedure Code, it retains the discretion to allow the submission of a Written Statement even after the prescribed deadline, provided exceptional circumstances ...

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Madras High Court Suggests Imposing Time Limits for Filing Counterclaims to Speed Up Matrimonial Case Resolutions

Madras High Court Suggests Imposing Time Limits for Filing Counterclaims to Speed Up Matrimonial Case Resolutions

Posted on May 23, 2024 by Matrimonial Advocates

The Madras High Court has proposed setting a time limit for filing counterclaims in divorce or restitution of conjugal rights cases within matrimonial disputes. Justices RMT Teekaa Raman and PB Balaji noted that in recent years, it has become common ...

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Rajasthan High Court Rules Cohabitation with Another Woman Not Considered Bigamy for Married Man

Rajasthan High Court Rules Cohabitation with Another Woman Not Considered Bigamy for Married Man

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

Merely because a couple (including, in this case, a man already married to another) lives together as husband and wife, it would not be considered bigamy if they have not performed a valid marriage, the Court said. The Rajasthan High Court recently o...

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Allahabad High Court: Section 125 CrPC Maintenance Orders Can Be Revoked Under Section 127; Section 362 CrPC Bar Not Applicable

Allahabad High Court: Section 125 CrPC Maintenance Orders Can Be Revoked Under Section 127; Section 362 CrPC Bar Not Applicable

Posted on May 21, 2024 by Matrimonial Advocates

The Allahabad High Court has determined that orders issued under Section 125 of the Criminal Procedure Code (CrPC), whether they are final or interim, are subject to recall or modification under Section 127 of the same code. As a result, the restrict...

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Allahabad High Court Decides Minor’s “Ordinary Residence” Not to Be Confused with Temporary Custody in Guardianship Matters

Allahabad High Court Decides Minor’s “Ordinary Residence” Not to Be Confused with Temporary Custody in Guardianship Matters

Posted on May 20, 2024 by Matrimonial Advocates

The Allahabad High Court has clarified that within Section 9(1) of the Guardians and Wards Act, 1890, the concept of a minor’s “ordinary residence” excludes any temporary dwelling where the minor might temporarily reside, such as fo...

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Japan Allows Joint Custody for Divorced Parents

Japan Allows Joint Custody for Divorced Parents

Posted on May 18, 2024 by Matrimonial Advocates

Long-standing frustrations from non-custodial parents—often fathers—over limited access to their children have driven the push for change. On Friday in Tokyo, Japanese lawmakers passed a bill allowing for the option of joint custody after divorce. Fo...

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