News

Interfaith converters must consider new religion’s impact on divorce and succession

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 »

Delhi High Court Examines Allegation of Husband’s Role in Suicide Attempt as Cruelty, According to Wife

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

Delhi High Court Examines Allegation of Husband’s Role in Suicide Attempt as Cruelty, According to Wife Read More »

Compliance with Regulations Dictates Maintenance in “Rajnesh vs. Neha” – Supreme Court of India

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

Compliance with Regulations Dictates Maintenance in “Rajnesh vs. Neha” – Supreme Court of India Read More »

Delhi High Court Acknowledges Denial of Marital Intimacy as Basis for Severe Cruelty

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 »

Supreme Court Rejects Requirement for Husband’s Reconciliation with Wife as Bail Condition in Section 498A IPC Case

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.

Supreme Court Rejects Requirement for Husband’s Reconciliation with Wife as Bail Condition in Section 498A IPC Case Read More »

The 2023 Amendment to the Advocates Bill Gets Approval from Lok Sabha

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 »

Delhi High Court Puts Victims First: Focusing on Help Rather Than Punishment in Domestic Violence Maintenance Cases

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

Delhi High Court Puts Victims First: Focusing on Help Rather Than Punishment in Domestic Violence Maintenance Cases Read More »

Delhi High Court Says: If a spouse can work but chooses not to, they shouldn’t expect their partner to handle all the money matters

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

Delhi High Court Says: If a spouse can work but chooses not to, they shouldn’t expect their partner to handle all the money matters Read More »

Supreme Court: Magistrate Can’t Decide on Protest Against Their Own Decision to Take Action

In a recent judicial pronouncement, the Supreme Court authoritatively declared that a Judicial Magistrate lacks the jurisdiction to adjudicate a protest petition impugning their own cognizance order predicated on a final report. The factual matrix of this adjudication revolves around a Chief Judicial Magistrate who, subsequent to the receipt of a final report from the

Supreme Court: Magistrate Can’t Decide on Protest Against Their Own Decision to Take Action Read More »

Supreme Court Says Judges Should Use ‘Rajnesh v. Neha’ Rules for Maintenance

On the 6th of November 2023, the Supreme Court, in light of observed noncompliance with maintenance directives as articulated in the precedent of Rajnesh v. Neha and Another (2021) 2 SCC 32, particularly within the realm of matrimonial litigation, promulgated a directive. The apex court mandated the widespread dissemination of the comprehensive guidelines enunciated in

Supreme Court Says Judges Should Use ‘Rajnesh v. Neha’ Rules for Maintenance Read More »

Chat With Divorce Lawyer