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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 upon the predominant objective inherent in maintenance proceedings pursuant to the Protection of […]

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 convened session on Tuesday, the Delhi High Court enunciated a seminal legal principle positing that a spouse possessing employable

In a recent judicial pronouncement, the Supreme Court authoritatively declared that a Judicial Magistrate lacks the jurisdiction to adjudicate a protest petition impugning their own cognizance order predicated on a final report. The factual matrix of this adjudication revolves around a Chief Judicial Magistrate who, subsequent to the receipt of a final report from the

On the 6th of November 2023, the Supreme Court, in light of observed noncompliance with maintenance directives as articulated in the precedent of Rajnesh v. Neha and Another (2021) 2 SCC 32, particularly within the realm of matrimonial litigation, promulgated a directive. The apex court mandated the widespread dissemination of the comprehensive guidelines enunciated in

The declarative stance articulated by the Supreme Court elucidates that, in accordance with the stipulations set forth in Sections 15 and 16 of the Hindu Succession Act (HSA), the widow of a deceased son does not inherently accrue an immediate entitlement to assert a proprietary interest in the joint family property earmarked for the mother-in-law.

The Supreme Court made it clear that Section 65-B certificates are allowed at any time during a trial under the Indian Evidence Act. This was emphasized during the Bangalore bomb blasts case, where the Court talked about the importance of fairness in criminal trials. They stressed that being impartial is crucial for justice. The Court

The Delhi High Court has unambiguously affirmed that the exclusive jurisdiction to grant divorces predicated on the grounds of irretrievable breakdown of a marriage is vested in the Supreme Court, in accordance with the provisions of Article 142 of the Indian Constitution. In a pertinent legal matter wherein the spouse, acting as the appellant, contested

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 judgment, a Delhi court has advocated the compulsory incorporation of prenuptial agreements as a prerequisite for matrimonial unions. The primary objective of this recommendation is to ameliorate the emotional distress

Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy. In the

In a noteworthy legal development, a Delhi Court has decreed a mutual divorce under the provisions of Section 13B of the Hindu Marriage Act, notwithstanding the sustained and vigorous opposition exhibited by the wife towards her husband\’s divorce petition, which extended over a period of seven years. This distinctive case, characterized by the conspicuous absence