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Delhi High Court: Prioritizing Support for Victims Over Punishing Defaulters in Maintenance under the Domestic Violence Act

Delhi High Court: Prioritizing Support for Victims Over Punishing Defaulters in Maintenance under the Domestic Violence Act

Posted on December 5, 2023 by Matrimonial Advocates

The Court has held that persons cannot be summoned by a trial court under Section 31 of the DV Act for a failure to pay maintenance ordered by the court under Section 20 of the Act. The Delhi High Court has expounded that the primary objective of mai...

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Madhya Pradesh High Court: Wife Can Ask for Support under Domestic Violence Act, Even if Section 125 CrPC Claim Gets Rejected

Madhya Pradesh High Court: Wife Can Ask for Support under Domestic Violence Act, Even if Section 125 CrPC Claim Gets Rejected

Posted on December 4, 2023 by Matrimonial Advocates

The Court passed the order on a plea challenging an order directing a husband to pay ₹5,000 as interim maintenance under the Domestic Violence Act to his wife. The Madhya Pradesh High Court recently opined that the disapproval of a wife’s petit...

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Calcutta High Court Renders Section 498A FIR, Lodged by the Wife Against the Husband and In-laws, Invalid After a 19-Year Duration

Calcutta High Court Renders Section 498A FIR, Lodged by the Wife Against the Husband and In-laws, Invalid After a 19-Year Duration

Posted on December 1, 2023 by Matrimonial Advocates

Justice Shampa Dutt (Paul) noted that there was no evidence to support the wife’s claim that she was mercilessly beaten and also was tortured for dowry. In the matter of Suman Kumar Das vs State of West Bengal, the Calcutta High Court adjudicat...

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Karnataka High Court: Second Wife Can’t Get Family Pension While First Marriage Is Still Going On

Karnataka High Court: Second Wife Can’t Get Family Pension While First Marriage Is Still Going On

Posted on November 27, 2023 by Matrimonial Advocates

The appeal filed by the second wife of a deceased state employee, seeking entitlement to family pension subsequent to her husband’s demise, was declined by the Karnataka High Court. In dismissing her appeal upon noting that the deceased employe...

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Allahabad High Court: You Can’t Appeal Family Court Decisions on Section 125 CrPC, Says Family Courts Act 1984, Section 19

Allahabad High Court: You Can’t Appeal Family Court Decisions on Section 125 CrPC, Says Family Courts Act 1984, Section 19

Posted on November 27, 2023 by Matrimonial Advocates

The pronouncement from the Allahabad High Court unambiguously establishes that adjudications emanating from a Family Court concerning matters under Section 125 of the Code of Criminal Procedure are devoid of appellate jurisdiction before the High Cou...

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Telangana High Court: Proving Cruelty Needed for Divorce Decree

Telangana High Court: Proving Cruelty Needed for Divorce Decree

Posted on November 27, 2023 by Matrimonial Advocates

The Telangana High Court said the Family Court in Hyderabad can’t give a divorce decree for cruelty without clear complaints and enough proof. This decision came after a wife appealed against a divorce decree from the Family Court.Top of Form A...

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Patna High Court Nullifies Marriage Over Coercion with Firearm and Absence of Saptapadi Rites

Patna High Court Nullifies Marriage Over Coercion with Firearm and Absence of Saptapadi Rites

Posted on November 24, 2023 by Matrimonial Advocates

The Court noted that a traditional Hindu marriage is not a valid marriage without the completion of ‘Saptapadi’ and ‘Datta Homam.’ In a recent ruling, the Patna High Court nullified a marriage, citing the groom’s coercion at gunpoint and the om...

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Delhi High Court: If a spouse can work but chooses not to, they can’t expect their partner to handle all the finances.

Delhi High Court: If a spouse can work but chooses not to, they can’t expect their partner to handle all the finances.

Posted on November 22, 2023 by Matrimonial Advocates

The Court also noted that the provision for maintenance during the pendency of proceedings under the Hindu Marriage Act (HMA) is gender neutral, meaning that both wife or husband can seek relief under it. In a session convened on Tuesday, the Delhi H...

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Supreme Court Pronounces Pan-India Validity for Anticipatory Bail: Vesting Authority in High Courts and Sessions Courts

Supreme Court Pronounces Pan-India Validity for Anticipatory Bail: Vesting Authority in High Courts and Sessions Courts

Posted on November 20, 2023 by Matrimonial Advocates

A bench of Justices BV Nagarathna and Ujjal Bhuyan took the view that in the interest of justice, courts should provide limited interim protection while considering the liberty of citizens, subject to certain conditions. In a recent adjudication, the...

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Madhya Pradesh High Court allows higher maintenance than claimed in Section 125 CrPC

Madhya Pradesh High Court allows higher maintenance than claimed in Section 125 CrPC

Posted on November 18, 2023 by Matrimonial Advocates

The Madhya Pradesh High Court recently said that a court can give more maintenance than what someone asks for in Section 125 Criminal Procedure Code (CrPC) cases. This happened when a person, who was contesting a maintenance order in the Indore Bench...

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