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Supreme Court: Section 498A IPC and Domestic Violence Laws Among the Most Exploited

During a hearing on a matrimonial dispute related to maintenance, a Bench led by Justice BR Gavai noted that Section 498A of the Indian Penal Code, which addresses cruelty towards married women, and the Domestic Violence Act are among the most frequently misused laws. This observation was made by the Bench, which also included Justices […]

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Supreme Court Rules: Indian Spouse Must Be Present for Processing Foreigner’s OCI Application

The Court explained that the Visa Manual, 2021 mandated the presence of the Indian spouse for an interview by the authorities to ascertain that it was not a sham marriage. The Supreme Court recently ruled that the physical or virtual presence of an Indian spouse, even in cases of estrangement, is essential for the proper

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Supreme Court: Lawyers Shouldn’t Simply Serve as Messengers for Their Clients

The Supreme Court of India reprimanded a lawyer representing the Maharashtra government in a land compensation case for submitting an affidavit deemed “contemptuous” by a senior IAS officer. The court emphasized that the lawyer should not have permitted the filing of such an affidavit. In response, the lawyer promptly apologized and informed the court that

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Delhi Court Directs Woman to Compensate Ex-Husband ₹15 Lakh for Defamation

Judge Sunil Beniwal of the Saket District Court in Delhi found that the acts of the ex-wife caused injury to the man and hampered his professional growth. A Delhi court has recently found a woman liable for defaming her ex-husband and has ordered her to pay ₹15 lakh in damages. Judge Sunil Beniwal of the

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Delhi High Court Determines Child’s Right to Maintenance Under Hindu Marriage Act Until Financial Independence is Achieved

A Division Bench ruled that a child’s education does not get over when he/she attains the age of 18 years. The Delhi High Court has recently ruled that children who are still pursuing their education are entitled to financial support under the Hindu Marriage Act until they achieve financial independence. Justices Rajiv Shakdher and Amit

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Delhi High Court Rules: Adulterers Forbidden from Presenting Arguments in Divorce Cases

The High Court ruled that a divorce petition is centered around the couple who entered into matrimony and a third party [adulterer] has no locus. The Delhi High Court has ruled that an alleged adulterer doesn’t need to be involved in divorce proceedings and doesn’t have to be heard before a decision is made between

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Delhi High Court: Anticipatory Bail Allowed Under BNSS Even If FIR Filed Under IPC

High Court granted relief to a man accused of rape of a woman he late married. The Delhi High Court recently ruled that if a first information report (FIR) is filed before the new criminal laws come into effect, any anticipatory bail plea filed on or after July 1, 2024 (when the new laws take

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The Delhi High Court advocates for the rights of non-custodial parents to visit their children, promoting shared parenting as the standard practice

The Delhi High Court ruled that in custody disputes, non-custodial parents should have visitation rights to maintain their relationship with their children. Emphasizing the importance of shared parenting as the standard practice, the Court underscored that decisions regarding custody must prioritize the child’s welfare. Justices Rajiv Shakdher and Amit Bansal of the Division Bench reviewed

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Supreme Court Rules That Divorced Muslim Women Are Entitled to Maintenance under Section 125 CrPC

A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced separate but concurring judgments. Recently, the Supreme Court affirmed the entitlement of divorced Muslim women to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC). This ruling was prompted by the case of Mohd Abdul Samad vs State of Telangana and

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