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The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice. The Saket Court in Delhi recently addressed a case involving a request to move a matter under Section 12 of the Protection of Women from Domestic Violence Act […]

The Supreme Court has criticized the practice of submitting written statements without paragraph-wise responses to complaints. This approach is seen to facilitate better understanding of arguments presented by the parties, rather than requiring the court to extract details from various parts of the complaint and the written statement. In a recent case where an appeal

Recognizing the inherent duty placed upon descendants to provide for elderly parents, the Delhi High Court upheld the senior citizen petitioner’s plea for the removal of her son and daughter-in-law from her residence. Despite contested claims regarding property ownership and the delivery of legal notifications, the Court ruled in favor of the petitioner, granting her

In its adjudication, the Supreme Court has determined that the defendant’s inability to consummate the marriage within the specified premises does not satisfy the essential legal criteria required for establishing the offense of cheating pursuant to Section 417 of the Indian Penal Code. “We do not see how an offence even under Section 417 of

The Delhi High Court recently made a significant decision, granting a man a divorce because of the cruelty he endured from his wife. This cruelty stemmed from her loyalty to her parents over their marriage, causing significant distress to her husband. Justice Suresh Kumar Kait led the decision, highlighting how the wife’s family intruded into

The Delhi High Court has affirmed that despite a court order to restore conjugal rights, a spouse retains the right to pursue divorce under Section 13 (1A)(ii) of the Hindu Marriage Act. In a recent legal matter, the wife appealed under Section 19(1) of the Family Court Act, challenging a divorce decree issued under Sections

A Division Bench of Justices Suresh Kumar Kait and Neena Bansal Krishna observed that a wife should not be a constant reminder of one’s financial limitations. In a recent ruling, the Delhi High Court established that consistent disparaging comments by a wife regarding her husband’s financial status, accompanied by coercive actions pushing him to fulfill

Using its broad powers granted by Article 142 of the Constitution, the Supreme Court can end a marriage when one spouse has left the other for a long time and refuses to try to make things right. In the case of Prakashchandra Joshi, who has lived apart from his spouse since February 2011, the Court

“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.” In a consequential judicial pronouncement, the Delhi High Court undertook a modification of the visitation rights accorded to

The Supreme Court has ruled that children from marriages declared void or voidable have the right to a share in property hypothetically divided between their parents. The legal proceedings focused on the division and ownership of agricultural lands considered as joint family or ancestral assets. The claim for a property share was attributed to the