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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

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

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

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.