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domestic violence

Myth: Police Can Force NRIs to Return to India – What Law Actually Says in Criminal and Matrimonial Cases

Myth: Police Can Force NRIs to Return to India – What Law Actually Says in Criminal and Matrimonial Cases

Posted on March 16, 2026 by Matrimonial Advocates

Can the Indian police force an NRI husband to fly back to India just because an FIR is filed? The legal reality is very different from the threats often used in disputes. NEW DELHI: NRIs (Non-Resident Indians) often panic when a criminal complaint, m...

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Divorce for Indian NRIs in the USA: Why Many “Legally Divorced” Couples Are Still Married in India

Divorce for Indian NRIs in the USA: Why Many “Legally Divorced” Couples Are Still Married in India

Posted on March 6, 2026 by Matrimonial Advocates

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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Myth: Filing a Domestic Violence Case Automatically Guarantees Maintenance — What Courts Actually Examine Before Granting Monetary Relief

Myth: Filing a Domestic Violence Case Automatically Guarantees Maintenance — What Courts Actually Examine Before Granting Monetary Relief

Posted on March 2, 2026March 2, 2026 by Matrimonial Advocates

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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Anticipatory Bail for NRI Husbands in 498A and Domestic Violence Cases: A Complete Legal Guide to Avoiding Arrest at the Airport and Protecting Your Passport

Anticipatory Bail for NRI Husbands in 498A and Domestic Violence Cases: A Complete Legal Guide to Avoiding Arrest at the Airport and Protecting Your Passport

Posted on February 25, 2026 by Matrimonial Advocates

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...

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Bombay HC affirms: Enduring intimacy and having children create a marriage-nature relationship

Posted on January 24, 2026 by Matrimonial Advocates

The 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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Delhi High Court: Wife’s Right to Live in Shared Household Under DV Act Is Not Unconditional

Delhi High Court: Wife’s Right to Live in Shared Household Under DV Act Is Not Unconditional

Posted on October 23, 2024 by Matrimonial Advocates

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...

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Bombay High Court Rules Out Implicating Husband’s Niece in Domestic Violence Case

Posted on October 18, 2024March 14, 2026 by Matrimonial Advocates

A 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...

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Chhattisgarh High Court Affirms Maintenance for Woman in Live-in Relationship Under Domestic Violence Act

Posted on October 16, 2024 by Matrimonial Advocates

The 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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Wife Compelled To Leave Matrimonial House Due To Husband’s Extra Marital Affair Makes Her Victim Of Domestic Violence: Delhi High Court

Wife Compelled To Leave Matrimonial House Due To Husband’s Extra Marital Affair Makes Her Victim Of Domestic Violence: Delhi High Court

Posted on September 25, 2024September 25, 2024 by Matrimonial Advocates

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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Do hearing original petitions under Domestic Violence Act come under jurisdiction of family court?

Do hearing original petitions under Domestic Violence Act come under jurisdiction of family court?

Posted on August 5, 2023 by Matrimonial Advocates

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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