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Patna High Court: Kinship Doesn’t Grant Automatic Right to Reside in Father’s House

Patna High Court: Kinship Doesn’t Grant Automatic Right to Reside in Father’s House

Posted on January 5, 2024January 5, 2024 by Matrimonial Advocates

The Patna High Court observed that merely being the son does not confer the right to reside in a property exclusively owned by their father. Top of Form In that context, the Bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy observed t...

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The Punjab & Haryana High Court Advocates Against Imposing Automatic Cancellation Conditions for Bail

The Punjab & Haryana High Court Advocates Against Imposing Automatic Cancellation Conditions for Bail

Posted on January 3, 2024 by Matrimonial Advocates

The Punjab and Haryana High Court reiterated that no condition for automatic cancellation of bail can be imposed while granting bail. The Court was deciding a petition under Section 483 of the Criminal Procedure Code (CrPC) seeking to set aside the c...

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Delhi High Court Recognizes Refusal of Marital Intimacy as Grounds for Severe Cruelty

Delhi High Court Recognizes Refusal of Marital Intimacy as Grounds for Severe Cruelty

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

The Delhi High Court asserted that cruelty arises when a couple is denied the companionship vital for a thriving marriage, emphasizing the unsustainable nature of such conditions. Withholding a conjugal relationship was specifically identified as an ...

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Delhi High Court Advocates Leniency in Matrimonial Disputes, Encourages Flexibility Over Strict Procedural Rules in Family Courts

Delhi High Court Advocates Leniency in Matrimonial Disputes, Encourages Flexibility Over Strict Procedural Rules in Family Courts

Posted on December 23, 2023 by Matrimonial Advocates

In a recent ruling, the Delhi High Court granted approval to a wife’s petition challenging the termination of her right to cross-examine her husband during divorce proceedings. The court underscored the importance of Family Courts striking a de...

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Supreme Court Rules Against Imposing Bail Condition Mandating Husband’s Reconciliation with Wife under Section 498A IPC

Supreme Court Rules Against Imposing Bail Condition Mandating Husband’s Reconciliation with Wife under Section 498A IPC

Posted on December 9, 2023 by Matrimonial Advocates

In a recent ruling, the Supreme Court declared that it is impermissible to impose a condition requiring an accused husband, seeking anticipatory bail under Section 498A of the IPC, to bring his wife to his residence and ensure her maintenance and dig...

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Transparent Income Proof Essential for Fair Maintenance Assessment under Domestic Violence Act

Transparent Income Proof Essential for Fair Maintenance Assessment under Domestic Violence Act

Posted on December 9, 2023December 9, 2023 by Matrimonial Advocates

The High Court of Jammu and Kashmir and Ladakh underscores the imperative of adducing substantive evidentiary support pertinent to the husband’s income before the trial court. Such evidentiary substantiation assumes a pivotal role in facilitati...

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Wife’s earnings not a complete barrier to maintenance, rules Delhi High Court

Posted on December 8, 2023 by Matrimonial Advocates

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with r...

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Delhi High Court Affirms Women’s Complete Rights as ‘Karta’ in Hindu Families, Hindu Law Imposes No Restrictions.

Posted on December 8, 2023 by Matrimonial Advocates

The Delhi High Court has pronounced that the entitlement of women to assume the role of Karta within a Hindu Undivided Family (HUF) remains uninhibited by legislative prescriptions or traditional Hindu legal norms. In articulating their decision, the...

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Karnataka High Court: Unjustified Rejection of Mutual Divorce due to Unsuccessful Mediation

Posted on December 8, 2023 by Matrimonial Advocates

The Karnataka High Court has highlighted the impropriety of summarily rejecting a mutual divorce petition solely due to unsuccessful mediation caused by the non-appearance of the parties. In the context of an appeal challenging the Family Court’...

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Lok Sabha Approves the 2023 Amendment to the Advocates Bill

Lok Sabha Approves the 2023 Amendment to the Advocates Bill

Posted on December 5, 2023 by Matrimonial Advocates

The bill is part of Central government’s endeavour to repeal “all obsolete laws or pre-independence Acts” that have lost their utility. On the preceding Monday, the Lok Sabha accorded its assent to the Advocates (Amendment) Bill of ...

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