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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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Supreme Court: Divorce Permitted if Parties Do Not Cohabit for One Year Following Conjugal Rights Decree

On July 8, 2024, the Supreme Court affirmed that a divorce petition can be filed citing desertion if the spouses have not resumed conjugal relations for one year or more following the issuance of such a decree. Justices Abhay S. Oka and Ujjal Bhuyan upheld a petition filed by a man challenging a high court

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Delhi High Court Rules WhatsApp Chats Inadmissible as Evidence Without Required Certificate Under Evidence Act

The Delhi High Court has observed that WhatsApp conversations cannot be read as evidence without there being a proper certificate as mandated under the Evidence Act, 1872. Justice Subramonium Prasad reviewed a petition from Dell International Services India Private Limited, which challenged an order from the Delhi State Consumer Dispute Redressal Commission. The Commission had

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Supreme Court Rules Hindu Women Need Possession and Acquisition for Full Ownership of Joint Family Property Under Section 14(1) of the Hindu Succession Act

“Such acquisition must be either by way of inheritance or devise, or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by her own skill or exertion, or by purchase or by prescription.” Supreme Court Ruling: In a landmark case concerning a widow’s right to maintenance from Hindu

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Supreme Court Finalizes Divorce After Wife Reneges on Settlement and Ignores Mediation Agreement

“The wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.” Supreme Court: In a civil transfer petition filed by the wife, seeking to transfer the husband’s petition

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Section 217 of the CrPC | Supreme Court: Both Parties Should Have the Chance to Recall or Re-examine Witnesses When Charges Are Changed

The Supreme Court decreed that in the event of charge modification, both parties should be afforded the opportunity to recall or re-examine witnesses regarding the altered charges, with the rationale for the modification duly recorded in the judgment. “A Court may alter or add to any charge before judgment is pronounced but when charges are

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Supreme Court Raises Alarm Over Parents Using Child as a Pawn in Custody Dispute

“You both do not have any love for your child and are just fighting on the child’s expense,” the Court added on finding that the child had been sick since last November. On Monday, the Supreme Court expressed concern for the well-being of a child involved in a custody dispute between their parents. A Vacation

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Supreme Court Advocates Parliamentary Amendments to Enhance Safeguards Against Possible Misuse of Section 498A IPC Before Its Implementation in Bharatiya Nyaya Sanhita

The Supreme Court, in its dismissal of a criminal case initiated by a wife against her husband under Section 498A IPC, has urged the Legislature to consider crucial amendments to Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, before enforcing the new regulations. Emphasizing that the Legislature had not adequately acted upon its

Supreme Court Advocates Parliamentary Amendments to Enhance Safeguards Against Possible Misuse of Section 498A IPC Before Its Implementation in Bharatiya Nyaya Sanhita Read More »

P&H High Court Orders Utilization of Section 340 CrPC in Matrimonial Disputes, Citing Rise in Backlogged Cases Stemming from ‘Malicious Intent’

Noticing a recent surge in matrimonial disputes driven by contentious and malicious motives, leading to a significant accumulation of cases in court, the Punjab & Haryana High Court has established definitive guidelines for the application of Section 340 Cr.P.C. in such scenarios. In a noteworthy ruling, the High Court overturned a Family Court’s decision to

P&H High Court Orders Utilization of Section 340 CrPC in Matrimonial Disputes, Citing Rise in Backlogged Cases Stemming from ‘Malicious Intent’ Read More »

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