“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
Kids from void marriages can claim property share Read More »
The Court said that the person who is converting to another faith must be explained the tenets, rituals, and expectations inherent in religious conversion. On Friday, the Delhi High Court mandated that individuals changing their religion for marriage with someone from another faith must submit an affidavit acknowledging their awareness of the consequences of the
Interfaith converters must consider new religion’s impact on divorce and succession Read More »
The Delhi High Court pronounced on Tuesday that engaging in a suicide attempt and then attributing blame to the husband and his family constitutes a serious act of cruelty. Justice Suresh Kumar Kait, presiding over the court, emphasized that such behavior exposes the family to constant risks of baseless accusations. The Supreme Court has previously
Supreme Court Authorizes Proceedings in Maintenance Dispute Following Non-Acceptance of Notice In a notable development, Justice Rajesh Bindal has granted permission in a maintenance case, wherein the respondent’s refusal to accept notice led to the completion of service based on the office report dated October 30, 2023. This case centers around an appeal by a
The Delhi High Court emphasized that cruelty emerges when a couple is deprived of the essential companionship necessary for a flourishing marriage, highlighting the unsustainable nature of such circumstances. Specifically, the act of withholding a conjugal relationship was identified as an exceptionally cruel behavior. In line with Section 13(1)(ia) of the Hindu Marriage Act, 1955
Delhi High Court Acknowledges Denial of Marital Intimacy as Basis for Severe Cruelty Read More »
In a recent legal judgment, the Supreme Court has ruled against the imposition of a condition that compels an accused husband, seeking anticipatory bail under Section 498A of the IPC, to bring his wife to his residence and ensure her well-being and dignity. The case was deliberated by a Division Bench, comprising Justices Bela M.
The bill is part of Central government’s endeavour to repeal “all obsolete laws or pre-independence Acts” that have lost their utility. On the Monday prior, Lok Sabha granted approval to the 2023 Advocates (Amendment) Bill, a legislative effort aimed at repealing the outdated Legal Practitioners Act of 1879 and introducing substantial changes to the Advocates
The 2023 Amendment to the Advocates Bill Gets Approval from Lok Sabha Read More »
The Court has held that persons cannot be summoned by a trial court under Section 31 of the DV Act for a failure to pay maintenance ordered by the court under Section 20 of the Act. The Delhi High Court has expounded upon the predominant objective inherent in maintenance proceedings pursuant to the Protection of
The Court also noted that the provision for maintenance during the pendency of proceedings under the Hindu Marriage Act (HMA) is gender neutral, meaning that both wife or husband can seek relief under it. In a convened session on Tuesday, the Delhi High Court enunciated a seminal legal principle positing that a spouse possessing employable
