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The Adequacy of Consent in Validating a Marriage under Section 5(i) of the Hindu Marriage Act, 1955

“The very fact that the wife had not only claimed but also accepted pendente lite maintenance during the appeal from the first husband fortifies that the marriage was not finally dissolved.” Delhi High Court\’s Determination on Marriage Legitimacy: In the present litigation, an appeal was initiated under Section 19 of the Family Courts Act, 1984, […]

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No Temporary Support for Wives with Equal Incomes under Section 24 of the Hindu Marriage Act

The Delhi High Court has delineated the position that in circumstances where both spouses possess equivalent qualifications and earn comparable incomes, the wife is not eligible for interim maintenance, as prescribed under Section 24 of the Hindu Marriage Act. A divisional bench, comprised of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, has reaffirmed

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The Delhi High Court has decided that you don’t need to pay any court fees when making maintenance claims under the Hindu Adoptions and Maintenance Act, 1956

“The Family Courts Act, 1984 was enacted pursuant to the 59th Report of the Law Commission wherein it was stressed that in dealing with the disputes concerning the family, the family court should adopt an approach radically different from that adopted in ordinary civil proceedings.” The Delhi High Court made an important decision about court

The Delhi High Court has decided that you don’t need to pay any court fees when making maintenance claims under the Hindu Adoptions and Maintenance Act, 1956 Read More »

Delhi Court Grants Shikhar Dhawan a Divorce Decree Due to Spousal Cruelty

Family Court Judge Harish Kumar accepted majority of the allegations made by Dhawan against his estranged wife and held that she subjected him to mental agony and cruelty. In a recent judicial pronouncement rendered on Wednesday, a family court situated in Delhi successfully adjudicated the contentious matter involving Shikhar Dhawan and Aesha Mukerji. The outcome

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Delhi High Court: Making Friends at Work and Daily Drinking Isn’t Cruelty or Alcoholism Without Incidents

The Delhi High Court has opined that the act of establishing friendships, whether at the workplace or elsewhere, by individuals, including married couples, during periods of separate residence due to vocational obligations, does not per se constitute cruelty. The Court has articulated that a person living in solitude may seek solace in forming friendships, and

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Wife’s Prior Acceptance of Husband’s Extramarital Affair Precludes Claim of Cruelty in Divorce Case: Delhi High Court Rules

The Court also noted that making friends at the workplace or talking to them is not a cruel act or an act of ignoring the wife, particularly when the spouses were living apart due to the nature of their work. The Delhi High Court has judicially determined that in the context of divorce proceedings, the

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Husband Living with Another Woman After Prolonged Separation from Wife, Not Ground To Refuse Divorce

The Delhi High Court has observed that a husband living with another woman, after long years of separation from his wife with zero possibility of re-union during the ongoing divorce proceedings, cannot disentitle him from seeking divorce on proven grounds of cruelty by the wife. A division bench of Justice Suresh Kumar Kait and Justice

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Divorced Daughter Can’t Seek Maintenance Under Hindu Adoption and Maintenance Act: Delhi High Court

The Delhi High Court recently ruled that a divorced daughter cannot claim maintenance from her maternal side (mother or brother) under the Hindu Adoption and Maintenance Act (HAMA). The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Sharma observed that there were 9 categories of dependents under Section 21 of the HAMA,

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Giving Directions for Details of Hotel Stay, Call Records of a Spouse to Prove Adultery Violates the ‘Right to Privacy’? Supreme Court to Consider 

The Supreme Court is ready to examine if directions given for seeking call detail records and hotel stays to prove allegations of adultery are a violation of the fundamental right to privacy under Article 21 of the Constitution. A Bench of Justices Krishna Murari and PV Sanjay Kumar was hearing an appeal against a Delhi

Giving Directions for Details of Hotel Stay, Call Records of a Spouse to Prove Adultery Violates the ‘Right to Privacy’? Supreme Court to Consider  Read More »

National Commission for Men: Supreme Court to Hear PIL for its Setting Up

On July 03, the Supreme Court is scheduled to hear a PIL seeking framing of effective guidelines to curb the matter of suicide by married men subjected to domestic violence and to constitute a ‘National Commission for Men’ that can help them offer protection to their interests. A bench of Justices Surya Kant and Dipankar

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