Thousands of NRIs assume a U.S. divorce ends their marriage everywhere. Indian courts say otherwise. A little-known rule under Section 13 CPC can turn a foreign divorce into a legal nightmare in India. NEW DELHI: As more Indian professionals and fami...
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A Detailed Legal Examination of Why Maintenance Under the DV Act Is Conditional, Discretionary, and Evidence-Based — Not Automatic “Sir, she has filed a Domestic Violence case. Now I will definitely have to pay maintenance, right?” That question is n...
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An FIR in India can convert into detention at immigration without prior notice. Understanding the anticipatory bail regime and controlling coercive processes before travel is essential. Anticipatory bail functions as a pre-arrest judicial safeguard u...
Read MoreThe Court refused to quash DV Act proceedings against a man after finding signs of a marriage‑like relationship, but dropped a case against his parents and current wife. The Bombay High Court’s Nagpur Bench has reaffirmed that long-term domesticity, ...
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The Delhi High Court ruled on Monday that a wife’s right to reside in the shared household under the Protection of Women from Domestic Violence Act, 2005 (DV Act), is not unconditional, especially if she is gainfully employed. Justice Neena Ban...
Read MoreA bench of Justice Bharati Dangre and Justice Manjusha Deshpande was hearing a petition filed by Pragati Kapoor, the niece of Manishchandra Bihari Kapoor, seeking to quash an FIR lodged against her by Kapoor’s wife. The Bombay High Court recent...
Read MoreThe Court rejected the man’s argument that since he was already married, the woman could not claim the benefits of the DV Act for a live-in relationship. The Chhattisgarh High Court recently confirmed an order requiring a man to pay maintenance...
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The Delhi High Court recently noted that a husband’s cohabitation with another woman and fathering a child with her subjects the wife to domestic violence under the Domestic Violence Act. Justice Subramonium Prasad made this observation while d...
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The Kerala High Court is slated to consider pertinent questions regarding the jurisdiction of family courts when it comes to original petitions seeking relief under the Protection of Women from Domestic Violence Act. A division bench of justices A Mu...
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Everyone has heard of someone amongst their families, friends or acquaintances who have suffered some form of domestic violence, i.e. some form of verbal, physical, sexual or economic abuse.
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