The Madhya Pradesh High Court ruled that prolonged separation, absence of cohabitation, irreparable breakdown of the relationship, and hostility between spouses constitute ‘cruelty’ under Section 13(1)(a) of the 1955 Act. “Where the marit...
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Emphasis ought to be to encourage the enduring benefits of familial unity and cordiality, the Court said. The Rajasthan High Court recently underscored the importance of thorough evaluation and careful scrutiny before accepting criminal complaints st...
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The Supreme Court clarified that these factors are intended as a ‘guideline’ rather than a ‘strict formula’ for determining permanent alimony. The Court has identified eight factors to be taken into account when deciding on th...
Read MoreThe Court was dealing with a case where the father of a woman who died by suicide filed a complaint after her death, accusing her husband and in-laws of having subjected her to cruelty. The Supreme Court on Tuesday emphasized that a delay in lodging ...
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The Court said that there is a growing trend to use the provision as a tool by women for unleashing personal vendetta against the husband and his family. On Tuesday, the Supreme Court expressed concern over the prevalent misuse of Section 498A...
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The Court noted that the deceased’s dying declaration did not allege any physical relationship or sexual intercourse with the accused based on a promise of marriage. On Friday, the Supreme Court ruled that merely refusing to marry does not amount to ...
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Justice Ajay Kumar Gupta observed that the claimant has to only prove a prima facie case of marriage to seek maintenance under Section 125 of the Code of Criminal Procedure, 1973. The Calcutta High Court recently stated that when a man and woman have...
Read MoreThe Court held that the husband’s claims of cruelty were nothing more than the usual challenges and disagreements in married life.” The Allahabad High Court recently held that accusing a wife of engaging in unnecessary quarrels with her husband...
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The Supreme Court has advised lower courts to avoid the unnecessary inclusion of a husband’s distant relatives in criminal cases filed by a wife alleging domestic cruelty under Section 498A of the Indian Penal Code. This observation came from a...
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A Bench of Justice BV Nagarathna and Justice N Kotiswar Singh flagged the “worrying trend” of attributing criminality to the male partner after a consensual sexual relationship turns sour later. On Tuesday, the Supreme Court ruled that a ...
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