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The Centre argues that the Supreme Court lacks the authority to criminalize marital rape, claiming that married women are adequately protected under current laws

The Centre said that it is not as if a woman’s consent is obliterated by marriage, but only that consent violations within marriage would not attract rape law; there are other remedies. On Thursday, the Union government submitted an affidavit to the Supreme Court opposing petitions seeking the criminalization of marital rape in India [Hrishikesh […]

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Wife Forced to Leave Matrimonial Home Due to Husband’s Extramarital Affair Deemed Domestic Violence: Delhi High Court

The Delhi High Court recently observed that a husband’s cohabitation with another woman and having a child with her constitutes domestic violence against the wife under the Domestic Violence Act. Justice Subramonium Prasad made this remark while rejecting the husband’s appeal against the order granting his wife Rs. 30,000 in monthly maintenance. The husband also

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Delhi High Court: Wife Entitled to Maintenance Even After Filing for Divorce Under Section 125 CrPC

The Delhi High Court recently determined that a wife cannot be denied maintenance solely due to her request for a divorce after separating from her husband for valid reasons. Justice Amit Mahajan emphasized that a wife’s educational qualifications do not constitute a legitimate reason to refuse her maintenance. The court rejected the husband’s appeal against

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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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