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Denying Section 125 CrPC Claim Doesn’t Bar Pursuing Maintenance Claim Under the Domestic Violence Act

Denying Section 125 CrPC Claim Doesn’t Bar Pursuing Maintenance Claim Under the Domestic Violence Act

Posted on November 7, 2023 by Matrimonial Advocates

The Madhya Pradesh High Court has unequivocally stated that the rulings made by family courts concerning maintenance under Section 125 CrPC do not carry legal authority in matters governed by the Prevention of Women From Domestic Violence Act, 2005. ...

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Waiver of Ad Valorem Court Fees in Punjab & Haryana Family Court for Marital Property and Maintenance Disputes

Waiver of Ad Valorem Court Fees in Punjab & Haryana Family Court for Marital Property and Maintenance Disputes

Posted on November 4, 2023 by Matrimonial Advocates

The Punjab and Haryana High Court has determined that individuals filing petitions concerning marital property and maintenance payment disputes in the Family Court are not required to pay ad valorem court fees. Justice Gurbir Singh emphasized that Fa...

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Kerala High Court Approves Family Court’s Power for DV Act Sections 18-22 Relief

Kerala High Court Approves Family Court’s Power for DV Act Sections 18-22 Relief

Posted on November 3, 2023 by Matrimonial Advocates

The Kerala High Court has clarified that the Family Court has the legal authority to handle petitions for relief under the Protection of Women from Domestic Violence Act, 2005. “What is discerned from the provisions of Section 12 is that an agg...

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Allahabad High Court Says Australian Wife on Short Visit to India Can’t File for Divorce, Citing Section 19 of HMA

Allahabad High Court Says Australian Wife on Short Visit to India Can’t File for Divorce, Citing Section 19 of HMA

Posted on November 3, 2023 by Matrimonial Advocates

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.” In a recent adjudication, the Allahabad High Court confronted an appeal brought forth by a petitioner under th...

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Examine All Evidence for Truth, Not Just Prosecution

Examine All Evidence for Truth, Not Just Prosecution

Posted on November 3, 2023 by Matrimonial Advocates

A bench led by Justice Vinay Joshi ordered an investigating officer to consider the evidence produced by the accused booked in case under Sections 498A and 306 of the IPC after his wife died by suicide. In a recent case, Nikhil Ashokrao Waghmare vs S...

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AP High Court Suggests One Court for Divorce and Conjugal Rights Cases with the Same Parties

AP High Court Suggests One Court for Divorce and Conjugal Rights Cases with the Same Parties

Posted on November 2, 2023 by Matrimonial Advocates

The Andhra Pradesh High Court has rendered its consent to the transfer of a matrimonial case initiated by the husband from one jurisdictional district court to another. The primary motivation for this transfer petition is to preclude the prospect of ...

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Delhi High Court Defers to Supreme Court for Irretrievable Breakdown Divorces

Delhi High Court Defers to Supreme Court for Irretrievable Breakdown Divorces

Posted on November 2, 2023 by Matrimonial Advocates

The Delhi High Court has unequivocally affirmed that the exclusive jurisdiction to grant a divorce on the grounds of irretrievable breakdown of a marriage is vested in the Supreme Court, as delineated by Article 142 of the Indian Constitution. In a p...

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MP HC quashes 498-A IPC FIR, prioritizes amicable matrimonial resolution.

MP HC quashes 498-A IPC FIR, prioritizes amicable matrimonial resolution.

Posted on November 1, 2023 by Matrimonial Advocates

The Madhya Pradesh High Court has articulated the overarching objective of the law, extending beyond punitive measures to encompass the preservation of societal peace, tranquility, and concord. The Court has underscored the paramount importance of co...

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Calcutta High Court Issues a Rebuke of Inequitable Ex-Parte Matrimonial Orders

Calcutta High Court Issues a Rebuke of Inequitable Ex-Parte Matrimonial Orders

Posted on November 1, 2023 by Matrimonial Advocates

Justice Shampa Sarkar made the observation while dealing with a husband’s plea challenging at least four orders passed ex-parte and in favour of his estranged wife in a matrimonial suit. The Calcutta High Court has recently observed issues conc...

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Delhi Court Advocates Compulsory Prenuptial Agreements in Cases of No-Fault Divorce

Delhi Court Advocates Compulsory Prenuptial Agreements in Cases of No-Fault Divorce

Posted on October 31, 2023 by Matrimonial Advocates

The Court stressed that refusal to grant divorce would force parties to suffer further and would amount to “law-induced mental cruelty.” In a recent legal ruling, a Delhi court has advocated the compulsory inclusion of prenuptial agreemen...

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