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

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

Posted on May 18, 2024 by Matrimonial Advocates

The Allahabad High Court has ruled that orders issued under Section 125 of the CrPC, whether final or interim, can be recalled or modified under Section 127 of the CrPC. Therefore, the restriction imposed by Section 362 CrPC does not apply in these c...

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Didn’t Keep a Record of Your Wedding Gifts? Allahabad High Court Emphasizes Its Significance

Didn’t Keep a Record of Your Wedding Gifts? Allahabad High Court Emphasizes Its Significance

Posted on May 16, 2024 by Matrimonial Advocates

Presents received by the bride or the bridegroom at the time of marriage are not treated as dowry under the Dowry Prohibition Act. The Allahabad High Court recently highlighted the prevalent non-compliance with a rule under the Dowry Prohibition (Mai...

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Punjab & Haryana High Court Affirms Divorce, Considering the Demand for Husband to Forsake Elderly Mother and Mentally Unstable Sister as Cruelty

Punjab & Haryana High Court Affirms Divorce, Considering the Demand for Husband to Forsake Elderly Mother and Mentally Unstable Sister as Cruelty

Posted on May 10, 2024 by Matrimonial Advocates

The appeal of a wife challenging the divorce decree granted to the couple under the Hindu Marriage Act was dismissed by the Punjab & Haryana High Court. The court stated that demanding the husband to forsake his elderly mother, aged around 75, an...

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Allahabad High Court Rules Against Muslim Assertion of Right to Live-in Relationships, Deeming it Inconsistent with Customary Law

Allahabad High Court Rules Against Muslim Assertion of Right to Live-in Relationships, Deeming it Inconsistent with Customary Law

Posted on May 9, 2024 by Matrimonial Advocates

The constitutional morality and social morality in the “matter of marriage institution” are required to be balanced, the Court said while sending a Muslim man’s Hindu live-in partner to her parents. In a recent ruling, the Allahabad High Court ...

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Calcutta High Court: DNA Evidence Deemed Insufficient as Definitive Proof in Rape Cases

Calcutta High Court: DNA Evidence Deemed Insufficient as Definitive Proof in Rape Cases

Posted on May 8, 2024 by Matrimonial Advocates

Therefore, single-judge Justice Ajay Kumar Gupta refused to discharge a rape accused even after the DNA report concluded that he was not the biological father of the victim’s child. On Monday, the Calcutta High Court made a significant ruling, ...

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Madras High Court Rejects Habeas Corpus Plea Seeking Custody of Minor Who Never Resided with Biological Mother

Madras High Court Rejects Habeas Corpus Plea Seeking Custody of Minor Who Never Resided with Biological Mother

Posted on May 7, 2024 by Matrimonial Advocates

The Madras High Court addressed a Habeas Corpus petition brought by the biological mother of a young child seeking custody of her son. Diagnosed with HIV during pregnancy, the mother temporarily placed the three-year-old boy in the care of the fifth ...

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Calcutta High Court: Litigation Costs Should Be Initially Granted to Wife in Matrimonial Case Initiated by Husband

Calcutta High Court: Litigation Costs Should Be Initially Granted to Wife in Matrimonial Case Initiated by Husband

Posted on May 6, 2024 by Matrimonial Advocates

As dignity of a woman is to be protected, it should be ensured that women are not compelled to incur unnecessary expenditure and face hardships, the Court underlined. The recent ruling by the Calcutta High Court in the case of Partha Sakha Maity vs B...

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Supreme Court Urges Parliamentary Revisions to Sections 85 and 86 of Bharatiya Nyaya Sanhita to Safeguard Against Potential Misuse of Section 498A IPC Prior to Enactment

Supreme Court Urges Parliamentary Revisions to Sections 85 and 86 of Bharatiya Nyaya Sanhita to Safeguard Against Potential Misuse of Section 498A IPC Prior to Enactment

Posted on May 4, 2024 by Matrimonial Advocates

In dismissing a criminal case brought by a wife against her husband under Section 498A IPC, the Supreme Court has called upon the Legislature to consider essential amendments to Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, before implemen...

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MP High Court Rules Non-consensual Intimacy by Husband With Wife Not Rape, Woman’s Consent Deemed Immaterial

MP High Court Rules Non-consensual Intimacy by Husband With Wife Not Rape, Woman’s Consent Deemed Immaterial

Posted on May 3, 2024May 3, 2024 by Matrimonial Advocates

The Madhya Pradesh High Court recently made significant observations regarding the legal status of marital rape in India. The court emphasized that under current Indian law, including the absence of recognition of ‘Marital rape’ as an off...

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P&H High Court Directs Use of Section 340 CrPC in Matrimonial Disputes, Noting Surge in Pending Cases Due to ‘Malicious Intent’.

P&H High Court Directs Use of Section 340 CrPC in Matrimonial Disputes, Noting Surge in Pending Cases Due to ‘Malicious Intent’.

Posted on May 2, 2024 by Matrimonial Advocates

Observing a recent increase in matrimonial conflicts fueled by contentious and malicious intentions, resulting in a substantial court backlog, the Punjab & Haryana High Court has set out guiding principles for the utilization of Section 340 Cr.P....

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