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 […]
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
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
Supreme Court: Section 498A IPC and Domestic Violence Laws Among the Most Exploited Read More »
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
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
Supreme Court: Lawyers Shouldn’t Simply Serve as Messengers for Their Clients Read More »
Taking note of the series of conflicting judgments on the said issue, a Division Bench of Justice Vikram Nath and Justice PB Varale referred the matter to a larger bench. The Supreme Court is set to decide whether alimony under Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) can be awarded in
Supreme Court to examine alimony entitlement in cases of void marriages Read More »
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
Delhi Court Directs Woman to Compensate Ex-Husband ₹15 Lakh for Defamation Read More »
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
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
Delhi High Court Rules: Adulterers Forbidden from Presenting Arguments in Divorce Cases Read More »
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
Delhi High Court: Anticipatory Bail Allowed Under BNSS Even If FIR Filed Under IPC Read More »
