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Not Allowing Spouse To Have Sexual Intercourse For Long Amounts Mental Cruelty: Allahabad High Court
Allahabad High Court recently observed that if a spouse doesn’t allow the other partner to have a sexual intercourse for a longer period of time without any reason, it will amount to mental crue
Delhi High Court has ruled that the wife’s right to seek redressal under the Hindu Marriage Act should prevail over her husband’s right to privacy when it comes to allegations of adultery. The ben
POCSO Act Not Meant To Punish Minors In Consensual Romantic Relationships: Bombay High Court
While granting bail to a 22-year-old man, the Bombay High Court noted that the Protection of Children From Sexual Offences Act (POCSO) was enacted to protect minors from sexual assault, not to punish
While upholding the Family Court order, Karnataka High Court noted that the visitation rights of the father can’t be taken away merely because he has remarried after divorce and bears another child.
Noting that the mother is the legal heir of her deceased daughter, the Madras High Court held that a mother is entitled to accrued maintenance arrears of the deceased daughter under Section 15(1)(c) o
In a significant observation, the Supreme Court noted the mere fact that a wife died under unnatural circumstances in her matrimonial home within seven years of marriage is insufficient to convict the
Single Working Woman Can Adopt A Child Under Juvenile Justice Act: Bombay High Court
The Bombay High Court has overturned a civil court’s decision to deny a divorced woman’s adoption application on the basis that she is a “working lady” and therefore unable to
Child Adopted By Widow After Death Of Public Servant Not Entitled To Family Pension: Supreme Court
In a significant judgment, Supreme Court held that a child adopted by the widow of a deceased government servant after the death of such an employee is not entitled to claim family pension. A division
Divorced Muslim Woman Entitled To Alimony Until She Remarries: Allahabad High Court
In a landmark decision, Allahabad High Court held that a divorced Muslim woman has the right to maintenance from her ex-husband not just for the iddat period but for the rest of her life until she rem
A Sessions Court in Mumbai upheld a trial court’s order directing a gay man to pay maintenance to his estranged wife. The bench noted that the term ‘aggrieved person’ under the Domes
Calcutta High Court recently held that depriving a woman of her Stridhan or any other financial or economic resources to which she is entitled constitutes domestic violence under the Protection of Wom
While disposing of an appeal filed by a husband, Punjab and Haryana High Court held that the act of the respondent-wife in taunting the husband’s physical disability, snatching his crutches and
Kerala High Court recently noted that a Muslim woman has the absolute right to divorce through Khula (a form of extra-judicial divorce), conferred on her by the Holy Quran and is not subject to the ac
Bombay High Court recently held that a wife raising allegations against her husband in court by labelling him as an “alcoholic” and “womaniser” without substantiating the alleg
Punjab and Haryana High Court recently allowed a husband’s plea seeking divorce on the ground of desertion and cruelty meted out to him by his wife. The bench also noted that the wife had filed
In a significant observation, Madras High Court noted that it is preferable to let the biological mother and stepfather take care of the child than forcing him or her to live along with the biological
Emphasizing the mandate of the Holy Quran, Allahabad High Court noted that a Muslim man cannot perform a second marriage if he is not capable of fostering his wife and children. As per the Quran, biga
Reproductive Choice Part Of Article 21, Husband Cannot Force A Wife To Give Birth: Bombay High Court
In a significant order, the Nagpur bench of the Bombay High Court noted that a husband cannot force his wife to give birth. The bench noted that wife desire to work after marriage and not having a chi
Wife Living In Adultery Not Entitled To Permanent Alimony: Punjab And Haryana High Court
In a significant judgment, Punjab and Haryana High Court noted that a wife living in adultery is not entitled to permanent alimony. The Division bench was hearing an appeal filed by a woman seeking pe
The Aurangabad bench of the Bombay High Court recently held that a woman who leaves her matrimonial house before the divorce, cannot later claim her right to residence under the Protection of Women fr
President Droupadi Murmu Gave Assent To Haryana Law Declaring Child Marriages Void
President Droupdi Murmu has given her assent to legislation in Haryana as per which every child marriage will be considered “void ab initio” (having no legal effect from inception). Theref
Chhattisgarh High Court recently noted that if the husband asks his wife to stay at a place other than his without any sufficient reason and she opposes it, it cannot be considered cruelty on her part
While dismissing an appeal filed against a family court order, Allahabad High Court noted that an able-bodied husband cannot argue that he is not in a position to maintain his wife. The two-judge benc
Comparing Wife To Other Women Amounts To Mental Cruelty: Kerala High Court
Kerala High Court recently noted that the husband’s act of constantly taunting and comparing his wife with other women amounts to cruelty as contemplated under Section 10(x) of the Divorce Act,
Gujarat Govt Introduces Scheme To Settle Family Disputes Outside Court
Gujarat govt has introduced Family First—Samjavat nu Sarnamu (Family First—a place for persuasion), a scheme for out-of-the-court settlement of family disputes with the intervention of social, rel
While dismissing the petition, the Bombay High Court noted that consent obtained for sex in a second marriage without disclosing the first marriage would prime facie constitute rape. The bench compris
Lok Sabha Passes Bill To Validate Legal Authority Of Family Courts In Himachal Pradesh And Nagaland
Lok Sabha has passed the Family Court (Amendment)Bill 2022 to overcome the lack of jurisdiction and validate the legal authority of Family Courts in Himachal Pradesh and Nagaland. The government of Na
Muslim Girls Above 15 Years Of Age Can Marry: Punjab And Haryana High Court
Punjab and Haryana High Court granted police protection to a 16-year-old Muslim girl who had married a 21-year-old Muslim boy. The bench issued orders noting that the girl is of marriageable age under
Elon Musk’s Trans Daughter Files For Name Change To Disown Father
As per the reports, Elon Musk’s transgender daughter has filed documents in court seeking her name change to cut ties with her biological father and to declare her gender identity as a female. 1
Calling Husband Impotent Before Relatives Amounts To Cruelty: Karnataka High Court Grants Divorce
While granting divorce to a couple, Karnataka High Court noted that calling a husband impotent in front of relatives without substantiating the same would amount to mental cruelty. The two judge bench
In a significant observation, the Supreme Court bench reiterated that long cohabitation between a man and a woman raises a strong presumption in favour of their marriage and the son born out of their
“Arya Samaj Has No Business To Issue Marriage Certificate”: Supreme Court
While hearing a bail petition filed by a POCSO accused, the Supreme Court refused to accept a marriage certificate issued by Arya Samaj. The bench rejected the petitioner’s plea who is accused o
24-Year-Old Vadodara Woman All Set To Marry Herself: India’s First Sologamy Marriage
In an effort to set an example of self-love, 24-year-old Kshama Bindu is all set to marry herself. Yes, you read that right. A woman from Gujarat’s Vadodara will tie the marital knot with hersel
A Woman Has Right To Residence In Houses Of Her Mother As Well As Mother-In-Law: Supreme Court
The Supreme Court on Monday noted that a woman has the right to the residence at the houses of her mother as well as her mother-in-law and the court will not allow anyone to throw her out just because
Hindu Widow Has Absolute Ownership Of Property Out Of Which She Is Being Maintained: Supreme Court
Supreme Court recently held that in lieu of the right to maintenance and by virtue of Section 14(1) of the Hindu Succession Act, 1956, a widow is entitled to absolute ownership of the property out of
Father Responsible To Maintain Child Even If Mother Is Earning: Allahabad High Court
Allahabad High Court recently noted that a father is legally bound to maintain his child as per the status and lifestyle and it doesn’t matter that mother is working and earning. The High Court
In a significant observation, Madras High Court has noted that even though the parents have renounced their citizenship and have acquired the citizenship of some other country, their unborn child (in
Child Adopted After Retirement Cannot Be Denied Family Pension: Punjab And Haryana High Court
Punjab and Haryana High Court recently held that an adoption after the retirement of the employee would not be a ground to deny the benefit of the family pension to the adopted child. The bench was he
In a bizarre case, a couple has sued their son and daughter-in-law in a court in Uttrakhand’s Haridwar. They are demanding either a grandchild or ₹5 crore compensation. The petitioners argued
We Have Other Work Too: Supreme Court Refused Urgent Listing For Plea Challenging Talaq-E-Hasan
Supreme Court on Monday refused to grant urgent listing for a plea against the divorce through Talaq-e-Hasan which is another form of extra-judicial divorce practice in Muslim personal laws. Talaq-e-H
The Gwalior bench of Madhya Pradesh High Court has observed that asking the husband to file his salary slip for effective adjudication of a maintenance proceeding cannot be said to be depriving him of
In a bizarre incident, a Tribal man tied the knot with his three girlfriends with whom he had been living in live-in-relationship for 15 years. He married all his three live-in-partners in the same Ma
Children Have Right To Love And Affection Of Both Parents And Grandparents: Bombay High Court
While asking a woman to grant access of the children to her husband for four days, the Bombay High Court noted that children have the right to love and affection of both parents as well as grandparent
Maharashtra Man Aged 76 Shot Daughter-In-Law For Not Serving Breakfast With Tea
In a shocking incident, a man shot his daughter-in-law allegedly for not serving breakfast with tea. The incident was reported in Thane city of Maharashtra. 42-year-old victim who is a resident of Rab
Delhi High Court noted that merely one or ‘occasional acts of adultery’ in isolation doesn’t amount to ‘living in adultery, and therefore, doesn’t disentitle a wife from
Punjab and Haryana High Court recently noted that the wife bent upon destroying the career and reputation of the husband by making false complaints to his seniors would amount to mental cruelty and th
While hearing a matrimonial dispute matter, the Supreme Court on Wednesday remarked that the ingenuity of the lawyers should be marked as there are 60 cases between a husband and wife. “The inge
Pune Family Court Directed Mother To Pay Rs 5000 Each Time Father Is Denied Access To Child
In a matrimonial dispute matter, a Family Court in Pune has directed a woman to let the father meet their 11-year-old son or pay a ₹5,000 fine each time the father is denied access to the child.
Bombay High Court Directs Woman To Pay Alimony To Ex-Husband After 7 Years Of Divorce
In one of the rare incidents, the Bombay High Court has directed a woman to pay alimony to her former husband. The bench has upheld two orders of a local court in Nanded in Maharashtra. The local cour
Unmarried Daughter Can Claim Marriage Expenses From Parents: Chhattisgarh High Court
Chhattisgarh High Court recently held that an unmarried daughter can claim marriage expenses from parents under Hindu Adoptions & Maintenance Act. A Division bench comprising Justice Goutam Bhadur
In a significant judgment, Karnataka High Court has defied the marital rape exception and rejected a plea filed by a husband seeking directions to drop rape charges against him under Section 376 of th
Upholding the Family Court order, Delhi High Court noted that unfounded accusations of unchastity or extra-marital relationship cause a grave assault on character, reputation and health of a spouse wh
False Case Against Husband Causes Mental Cruelty, Therefore, A Ground For Divorce: Delhi High Court
Delhi High Court recently dissolved a marriage on the ground that the wife had filed a false criminal complaint against the husband and his family members. The court observed that it caused immense me
A husband has filed a petition in Supreme Court demanding that his wife should be criminally prosecuted for cheating as she has a penis. He adduced a medical report revealing that his wife has a male
Kerala High Court Allows 10 Year Old Rape Survivor To Terminate 30 Weeks Pregnancy
Considering the risk of neonatal morbidities and potential mental impact, Kerala High Court has allowed a 10-year old girl survivor to medically terminate 30 weeks pregnancy. The girl was allegedly se
In a noteworthy judgment, Delhi High Court observed that a daughter-in-law has not an indefeasible right of residence under Section 19 of the Domestic Violence Act in a shared household and can be evi
Chhattisgarh High Court recently held that if a man brings a concubine during his marriage to another woman to home and the wife leaves the home consequently, it would not amount to desertion. A divis
While dissolving a marriage, the Supreme Court noted that consent of the parties is not necessary to order the dissolution of marriage on the ground of irretrievable breakdown under Article 142 of the
In a significant verdict, Karnataka High Court held that the properties which had been given as dowry or otherwise at the time of marriage of the daughter, would be amenable for partition and the same
Marriage Certificate Not Mandatory To Adopt A Child: Allahabad High Court
In some significant observations, Allahabad High Court has noted that a marriage certificate is not a sina quo non to adopt a child under Hindu Adoption and Maintenance Act, 1956. The bench also obser
Kerala High Court recently held that the wife making discreet phone calls to another man and that too during the odd hours of the night despite repeated warnings by the husband amounts to mental cruel
Govt Employee’s Second Wife Not Entitled To Pension Benefits: Bombay High Court
Bombay High Court recently held that the second wife of a government employee is not entitled to pension benefits when the first marriage is not legally dissolved. The division bench of Justices SJ Ka
Kerala High Court has observed that if one of the spouses withhold the consent for a mutual divorce despite being convinced that the marriage has failed due to incompatibility, it is nothing but cruel
Calcutta High Court on Monday observed that family pension benefits cannot be extended to a widowed daughter who was married at the time of death of her father/mother. The bench noted that a daughter
Can Parents Claim An Unmarried Son’s Semen Sample After His Death?: Delhi High Court To Examine
Delhi High Court has been examining legal rights over the frozen semen sample of an unmarried man after his death. The bench was hearing a plea by a couple seeking directions to a hospital to release
Husband Can Be Jailed For Extramarital Affair Under IPC Section 498A: Madras High Court
In a significant judgment, Madras High Court noted that extramarital affairs can cause grave mental trauma and also mental health issues leading to serious consequences in a marriage, which in turn, w
“Marriages Are Not Made In Heaven, They Are Made In Hell”: Bombay High Court
In vexation over the continuous quarrels and complaints between a husband and wife, Bombay High Court was prompted to remark that marriages are not made in heaven, but they are made in hell. The court
Kerala High Court Allowed Bail To Disabled Woman Who Allegedly Drowned Her 6th Child Out of Shame
Kerala High Court on Thursday allowed bail to a woman accused of drowning her newborn child by dropping into a bucket of water which resulted in the infant’s death. It has been alleged that the
Supreme Court on Thursday ruled that the daughter of a Hindu father is entitled to inherit his self-acquired property or that obtained through family inheritance when the man died without a will. The
While hearing the clutch of petitions seeking criminalization of marital rape, Delhi High Court was informed by the amicus curiae that the status of marriage between two parties cannot be sufficient r
In a significant observation, Delhi High Court noted that there is a qualitative difference between a married and unmarried couple, since after marriage, the married parties have expectation or to an
A Delhi Court has rejected a plea filed by a man claiming that he is not capable of paying the interim maintenance since he was without any income. The court noted that the petitioner husband is a
Chhattisgarh High Court Granted Divorce After Wife Made Husband Wait 10 Years For “Shubh Muhurat”
Chhattisgarh High Court has granted a divorce decree to a man whose wife took 10 years to join him in the matrimonial home waiting for a shubh muhurat (auspicious time). The High Court bench held that
Sushmita Dev, Only Woman In 31-Member Panel To Review Bill Raising Legal Age of Marriage For Women
Everyone’s eye is on the decision to raise the legal age of marriage for women. Ironically, the 31-membered parliamentary standing committee constituted to examine the bill introduced to raise t
Cannot Use Private Medical Records To Prove Spouse’s Adulterous Relationship: Karnataka High Court
The Dharwad bench of Karnataka High Court recently noted that an illicit relationship of a spouse cannot be proved by securing his/her private medical records. The court set aside a family court order
Wife Cannot Be Forced To Cohabit With Husband Even By Court Order: Gujarat High Court
Setting aside a Family Court’s order, Gujarat High Court noted that a woman cannot be forced to cohabit or establish conjugal rights with her husband even after the court directions. The High Co
Delhi High Court recently noted that the failure on the part of the woman to disclose her mental disorder before her marriage constituted a fraud perpetrated upon the man. The court has annulled a 16-
Punjab and Haryana High Court recently held that A Muslim girl is free to marry anyone of her choice once she attains puberty. The court allowed police protection to a 17-year-old Muslim girl who marr
Israel Divorce Law Prohibited Australian Man’s Exit For 8000 Years
In a bizarre incident related to a bizarre court order, an Australian citizen has been barred from leaving the country for almost the next 8,000 years. He has been trapped in Israel since 2013. “
Unequal Treatment Of Muslim Wives A Good Ground For Divorce: Kerala High Court
Kerala High Court recently noted that a Muslim man refusing to perform the marital obligations with the first wife after performing the second marriage is a good ground for divorce. The Quran insists
A local court of Jammu and Kashmir noted that the Protection of Women from Domestic Violence Act, 2005 (DV Act) was enacted to protect the women from violence and not to harass the other husband or ag
Few Days Of Living Together Not Enough For Live-In-Relationship Claim: Punjab and Haryana High Court
Considering a protection plea invalid, Punjab and Haryana High Court recently noted that merely because two adults are living together for a few days, their claim of live-in-relationship based upon ba
Govt To Raise Legal Marriage Age For Women From 18 to 21, Cabinet Clears Bill
The Union Cabinet has passed the bill aimed at raising the legal age of marriage for women from 18 to 21 making it equal to that of men. As the government has got a nod from the Cabinet, the next step
Weddings Presents Given By Parents For Daughter’s Welfare Will Not Count As Dowry: Kerala High Court
In a significant verdict, Kerala High Court has held that presents given to the bride at the time of her marriage for her welfare will not count as dowry under the ambit of Dowry Prohibition Act, 1961
While hearing a matrimonial dispute matter, Punjab and Haryana High Court recently noted that recording of the telephonic conversation of the wife by her husband without her knowledge amounts to infri
While hearing a matrimonial dispute, Allahabad High Court noted that a Family Court has to take every possible step to save the marriage as mandated under Section 9 of the Family Courts Act 1984. Just
In one of the strangest cases of marital disputes, a husband put forward an outrageous condition before his new bride on the honeymoon night. That condition turned marital bliss into trauma. The incid
Terming the approach to be unreasonable, the Supreme Court on Friday rejected the plea of socialite Poonam Bhagat Shroff who is engaged in a bitter matrimonial dispute, to allow her to live in the pos
Sewa Nyay Utthan Foundation members have filed an intervention application before Delhi High Court against registration of same sex marriages under Hindu Marriage Act. The plea will be heard on Februa
Many of us might not have watched the Hindi daily soap Saath Nibhaana Saathiya but we surely are aware of some hit scenes which were shared as memes on different social media channels. One of them is
While upholding the Family Court order, Delhi High Court noted that minor consistency in the wife’s statement during cross-examination in divorce proceedings doesn’t make her an unreliable
Delhi High Court has sentenced a man to three months in prison for acting ‘over smart’ with the court by concealing his true income with an intent to evade compliance of a Family Court’s
Delhi High Court has stayed a Family Court’s order granting visitation rights to a putative father while noting that competing rights of parents are subservient to the interest of the child. The
In a significant order, Madhya Pradesh High Court has denied bail to a husband who was accused of raping his minor wife under the Protection of Children from Sexual Offences Act. The court had read do
“Six Months Time Not Valid When Couple Seeks Divorce With Mutual Consent”: Rajasthan High Court
In a significant decision, Rajasthan High Court noted that ‘if a husband and wife seek divorce with mutual consent, six month separation period will not be valid’. The High Court bench was
‘We The Women’ Moves Supreme Court Seeking Closure Of Massive Gaps in Infrastructure Under DV Act
An NGO ‘We The Women Of India’ has moved the Supreme Court with a demand to create better infrastructure under the Protection of Women from Domestic Violence Act. It has sought to close th
“Both Parents Are Equally Responsible For Child’s Education”: Bombay High Court
Bombay High court noted that both parents should be equally responsible for taking care of their children’s education expenses. The observations were made while the court was hearing a plea of an 18
“Muslim marriage is a contract and not sacrament unlike a Hindu marriage”: Karnataka High Court
Coming to the rescue of a Muslim woman, Karnataka High Court dismissed the husband’s petition to quash family court order under which he was directed to pay maintenance. The wife was fighting th
Mumbai Session Court upheld the Vikhroli Magistrate Court’s order while directing a 35-year old man to pay Rs 1 lakh compensation for causing physical and mental harassment to the wife. “M
“Father’s Responsibilities Wouldn’t End With Son Attaining Majority”: Delhi High Court
In a significant observation, Delhi High Court stated that a father cannot be absolved of responsibilities to meet the education expenses of his son merely because he has attained the age of majority.
Child Marriage Valid If Minor Doesn’t Declare It Void At 18: Punjab and Haryana High Court
While granting divorce to a couple, Punjab and Haryana High Court noted that if a minor was married off before attaining the age of 18, then separation can be sought from the husband only through a di
“Living Together Is Not A Compulsory Exercise”: SC Dissolved Marriage Under Article 142
Supreme Court on Monday dissolved a two decade long marriage which was never consummated. It was found that the couple never lived together even for a day and also noted that there was a crash landing
No Government Job, No Increments For Violators: Two Child Policy In UP
On Friday, the Uttar Pradesh State Law Commission released the first draft of the population control bill on its official website and has sought suggestions from the public till July 19, 2021. The dra
Uniform Civil Code: Need For A Common Law For All
Underlining the dire need to have a Uniform Civil Code, Delhi High Court on Wednesday noted that the youth belonging to different communities, tribes, castes, or religions who solemnise their marriage
Staying Abroad For Career Not “Cruelty to Husband” or “Desertion Of Spouse”: Bombay High Court
While hearing a divorce petition, Bombay High Court noted that the wife’s decision to stay abroad for her career growth is not “unjustified” and “selfish”. The court refu
Making False Allegation of Impotency Amounts to Cruelty: Kerala High Court
Kerala High Court allowed a petition by husband for dissolution of marriage while noting that unsubstantiated allegations of impotency or erectile dysfunction during matrimonial proceedings will const
Extra-Marital Affair No Ground To Deny Child Custody to Mother: Punjab and Haryana High Court
Punjab and Haryana High Court noted that a woman’s extra-marital relationship is not a ground to deny the custody of her child and it cannot lead to the conclusion that she will be a bad mother.
Punjab police booked a groom and his father in Jalandhar for violating the Covid-19 protocol. The wedding was taking place in a temple in Jalandhar and over 100 people were found at the venue. Jalandh
Changed 18 Houses over Wife’s Fear of Cockroaches, Husband Files for Divorce
During the three years of marriage, a couple has changed 18 houses. The reason being the wife’s fear of cockroaches. The husband who is a software engineer by profession has finally decided to f
Troubled over the plight of a single mother, Kerala High Court noted that if a woman feels she is nothing without the support of a man, then that is the failure of the system. The court also opined th
Daughter can Question Validity of Father’s Second Marriage: Bombay High Court
Bombay High Court on Wednesday set aside an order passed by family court while observing that the daughter can question the validity of the second marriage of her father. The court directed the family
Provide Financial Assistance till Son Gets First Formal Degree, Not Just till He’s 18: Supreme Court
Supreme Court has directed a man to support his son financially not only till he is 18 instead till the time he earns his first formal degree as graduation is now considered as the basic education. Th
Grandmother Cannot Replace Biological Parents: Bombay High Court
Bombay High Court on Wednesday observed that we understand the bond between grandmother and grandchild is special, but it cannot replace the natural bond between biological parents and the child. The
Damaging Spouse’s Reputation Amounts to Mental Cruelty: SC
Supreme Court granted divorce to an army officer while observing that defamatory complaints against spouse and damaging the reputation amount to mental cruelty. A three-judge bench headed by Justice S
Observing that opposing an adult’s right to choose the spouse of their choice over the caste differences is a violation of fundamental rights, Himachal Pradesh High Court stated a girl is neithe
Allahabad High Court has allowed the habeas corpus petition of a woman who was seeking custody of her three and a half years son from her husband. While observing that a child’s welfare to be be
Wife Chewing Tobacco is Not a Sufficient Ground for Divorce: Nagpur Bench of Bombay HC
The Nagpur bench of Bombay High Court came for the rescue of a woman while observing that the habit of chewing tobacco is not a sufficient ground to grant a divorce decree. The court upheld the trial
While dismissing a revision plea filed by a husband, Karnataka High Court observed that mere possession of an educational qualification by a wife cannot by itself be a factor to conclude that she can
Panchayati Divorce Has No Recognition in the Eyes of Law: Punjab & Haryana High Court
Punjab and Haryana High Court has clarified that a Panchayati divorce has no recognition in the eyes of law and therefore the marriage cannot be considered dissolved on the basis of divorce accorded b
Minor Girl Cannot be Allowed to Live with Husband till She Turns 18: Allahabad High Court
Allahabad High Court disallowed a minor girl from staying with her husband even if she had married him with her own will. The 16-year old girl can decide whether she wants to continue that marriage or
The top court has today issued a notice on a petition that sought for transfer of cases praying for uniform marriage age for men and women, from High Courts to itself. The bench headed by the Chief Ju
Married Woman Living with Another Man an ‘Unholy Alliance’, Punjab and Haryana HC Imposed 25K Cost
Punjab and Haryana High Court dismissed a protection plea filed by a married woman who is residing with another man without divorcing her husband. The court has imposed a cost of Rs 25,000 on the peti
Father Has No Right over Deceased Son’s Frozen Sperm: Calcutta High Court
Calcutta High Court refused to entertain a plea filed by the father of a deceased man seeking the right to collect his son’s frozen sperm. The court maintained that the only other person, apart
Recently, the Allahabad High Court has held that the requirement of publication of notice for intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marr
Mother Can’t Be Denied the Custody of Her Child, Even on Entering New Relation Without Divorce
The Allahabad High Court has recently held that ‘a woman can’t be denied the custody of her minor child, on the ground that she has entered a new relationship without securing a divorce’. Th
“Talking Sarcastically and Taunting by In-Laws Is A Part of Married Life” – Mumbai Court
A Mumbai Court has recently granted anticipatory bail to the in-laws accused of cruelty under Section 498A of the Indian Penal Code while citing that talking sarcastically and taunting daughter-in-law
More than 100 former bureaucrats have written a letter to the Yogi Adityanath led Uttar Pradesh government to withdraw the “illegal and atrocious” anti-conversion law, a law supposedly aim
Vadodara Man Seeks Divorce after Wife Lied About Periods on Wedding Day
In a shocking incident of Vadodara, Rajasthan, a man has sought a divorce from his wife after she didn’t reveal that she is on her periods on the day of their wedding. In the divorce petition fi
In a shocking incident of Meerut, Uttar Pradesh, a man identified Anas announced Triple Talaq to his wife after she allegedly refused to obey his orders. He used to ask her to dance, sing, and wear je
Bride Called Off Wedding When Dragged to Dance Floor by Groom’s Friends; Paid 6.5 Lakh as Settlement
Amid this ongoing pandemic situation, we came across many bizarre incidents and here is another one. In a wedding ceremony in Uttar Pradesh, bride refuses to marry after being dragged by few of groom&
“Every Child Has The Right to Be in Company of Both Parents,” Allahabad High Court
On Tuesday, the Allahabad High Court held that every child has a right to be in the care and company of both parents who together are his world, and in cases of estranged couples, if one parent is giv
Given Triple Talaq by Husband in US, Hyderabad Woman Seeks MEA’s Help
A 24-year-old Hyderabad woman has alleged that her husband, a Somalia national, having US citizenship, gave her triple talaq over phone without any reasons and appealed to the Centre to intervene in t
Maharashtra Man Booked for Giving Triple Talaq over Phone
A woman has filed a complaint against her 32-year old husband in Maharashtra for allegedly giving her triple talaq over a phone call. Her husband called her on November 20 and said that he doesn’
The 45th US President Donald Trump, who just lost the crucial 2020 Presidential elections to Democratic challenger Joe Biden, is expected to fall into more trouble after an ex-aide made explosive clai
“Adult Boys and Girls Can Live with Partner of Their Choice”; Allahabad High Court Ruled
In a landmark judgment, Allahabad High Court has ruled that adult girls and boys are free to live with the partner of their choice. The court also stated that no one has the right to interfere in thei
Bombay HC Waived Cooling-Off Period for Estranged Couple in View of Wife’s Pregnancy
Bombay High Court accepted the request made by a Mumbai-based woman seeking dissolution of her troubled marriage on an urgent basis. The appellant approached the High Court to waive cooling off period
In a transnational guardianship case, Supreme Court with a 2:1 judgment has granted the custody of the child to the father. The court took the decision after the strong desire of the 11-year old child
UP Court Directs Wife to Pay Rs 1000 Monthly Maintenance to Husband
A court in Uttar Pradesh has ordered a woman to pay monthly maintenance of Rs 1,000 to her husband and allowed the petition filed by her husband. The woman is a government pensioner and has been livin
“Natural Attachment to Her Child Cannot be Undermined”: Biological Mother Wins the Child Custody
Assessing the sentiments of both adoptive mother and biological mother, Punjab and Haryana High Court observed that the natural attachment of a biological mother who has nurtured the child for nine mo
“Right of Unmarried Hindu Daughter to Claim Maintenance from Father is Absolute”; Supreme Court
Supreme Court bench on Tuesday, held that under the proposition of law, an unmarried Hindu daughter can claim maintenance from her father until she is married, provided she pleads and proves that she
In a historic judgment, Bangladesh High Court has ruled in the favour of all Hindu widows by entitling them to the shares in all properties including agricultural and non-agricultural lands of their l
Only First Wife is Entitled to Lay Claim on His Money-Bombay High Court
Bombay High Court in a compensation money claim case of the deceased Maharashtra police inspector, stated observed that as per law, if a man has two wives and are claiming his money, only the first wi
A Supreme Court bench of Justice Uday U Lalit and Justice Vineet Sharan disposed of a plea filed by a woman seeking return of her jewellery from the husband while stating “Indian women are usual
“He Loves Me Too Much and Doesn’t Fight”, UP Woman Seeks Divorce in Sharia Court
In a completely strange incident of Uttar Pradesh’s Sambhal district, a woman has approached Sharia court seeking divorce within 18 months of her marriage. The reason may make you laugh or even
In a landmark judgment on Tuesday, Supreme Court ruled in the favour of daughters entitling them of equal property rights in Hindu Undivided Family (HUF) property as that of a son. A three-judge bench
A sitting Session judge along with his family has moved Nagpur bench of Bombay High Court to quash the FIR registered against him by his estranged wife. His wife has alleged that her husband subjected
The Supreme Court on 18th June gave a split verdict on the issue of whether a Family Court has the jurisdiction to entertain a maintenance petition under Section 3 of the Muslim Women (Protection of R
Caste System Makes It Difficult for Young People to Decide Their Own Life Partners – Gujarat HC
The Gujarat High Court on Wednesday granted relief to a couple who had been separated by the wife’s family on account of caste-based differences, although they were provided police protection af
In a recent judgment, the Punjab and Haryana High Court held that there is no need to attach photographs of the runaway couple as proof of marriage. The court further added that the High Court is not
Husband’s income Affidavit for Matrimonial Cases
The Punjab and Haryana High Court, through its order dated 7 January directed the Family Courts across Punjab, Haryana, and Chandigarh to insist on an affidavit of assets, income and expenditure of th
A woman can’t be evicted for the shared household during the pendency of DV case – Delhi High Court
On 18 December the Delhi HC held that a woman fighting a Domestic Violence case cannot be evicted from the shared household, which she has been sharing with her husband and her in-laws, even if the pr
Wife divorced on proven charges of adultery cannot claim for maintenance – Bombay HC
On 18 December, the Bombay High Court held that a wife, divorced on the ground of adultery having been proved against her, is not entitled to maintenance from her ex-husband. The bench headed by Justi
The Supreme Court on 6 December, held that a wife is entitled to receive the prevailing market value of gold if the husband fails to return her gold ornaments. The bench headed by Justice Dhananjaya Y
Article 142 to Dissolve a Marriage Which Has Irretrievable Broken Down – Supreme Court
The Supreme Court held that it has the power to invoke Article 142 of the Indian Constitution, to dissolve marriages which have no scope of reconciliation and have been irretrievably broken down. The
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In What Cases DNA Test Can Be Ordered?: Supreme Court Lays Down Guidelines
Supreme Court on Monday held that the DNA test to ascertain paternity should only be ordered in exceptional cases when it becomes indispensable to resolve the matrimonial dispute. The apex court compr
Legal Requirements To Own A Property Through Adverse Possession In India
The existence of some legal concepts will leave you surprised and the doctrine of adverse possession is one of them. Did you know that you can claim ownership of a property after a certain time frame
Divorce In 3 Installments: What Is Talaq-E-Hasan?
Talaq-e-Hasan is a type of extra-judicial divorce mentioned under Islam that only men can practice. In this, a man can divorce his wife by saying the word ‘Talaq’ in three installments ove
Can You Get A Divorce If Your Husband/Wife Abandons You?
Not before 1976, but now you can. When your partner abandons or leaves you without any valid justification, you can get a divorce on the ground of desertion. Desertion means abandoning the other spous
How To Get Child Custody In Dehradun? – Child Custody Rights
There have been several situations in India when a family of non-Indian nationality petitioned the court for custody of a kid. In India, custody of a child is decided by the court following a separati
How To Get Divorce In Dehradun?
Almost every nation and religion’s legal system has enacted significant regulations controlling the sphere of marriage. Meanwhile, every legislation governing marriage includes certain norms and
Women’s Rights Under The Domestic Violence Act, 2005
One in three women faces domestic violence in India. We have evolved a lot but still there are some areas where our country still needs a lot of work to be done. We are talking about domestic violence
Anti-Suit Injunction Against Foreign Divorce Proceedings
Divorce is already an exhaustive process. But a parallel adjudication of parties’ matrimonial disputes in Courts simultaneously in India and abroad makes it more complex, not just for the husban
Maintenance Laws for Women in India
Maintenance as a notion has its origins in a civilized society’s social justice system. Maintenance is the legal duty that a responsible person has to pay for the care and upkeep of his dependen
How To File A Divorce Case In Dehradun?
There are various rules in the Hindu Marriage Act, 1955, addressing a legitimate divorce, i.e. when the spouse can request divorce. For the sake of society, marriage or married relationships must be e
Maintenance Rights Of A Wife In An Annulled Marriage
Most probably every person knows about maintenance rights of a wife in a valid marriage but how many of you know about the maintenance rights of a wife in an annulled marriage. Can a wife of void marr
Marital Rape Laws in India: Should Marital Rape Be Criminalized in India?
In our traditional society, marriage is more than just a union of two people; it is also the merger of two families. There is an expectation that spouses in such a marriage would adhere to the valued
Annulment Of Marriage — A Marriage That Never Existed
How can I nullify my marriage? In India, marriage is a religious sacrament and is considered a sacred eternal bond between a husband and a wife. Initially, it was undissolvable. The concept of ending
Decriminalization of Adultery and its Aftermath
Adultery, according to a layman, refers to an act in which a married person indulges himself/herself in a sexual relationship with another person who is not recognized as their spouse by the law. Unde
Marriages Under Hindu Marriage Act
Marriage is a sacred bond between two people, whereby they agree to spend the rest of their lives together. Marriage in India is considered as a sacred institution. For a valid marriage in India, two
Disownment is the formal act or condition of forcibly renouncing or no longer accepting one’s akin child as a member of one’s family or kin. It differs from giving a child up for adoption
Conversion of Religion and its Effects
Overview Under Hindu law, the effect of conversion of religion to another can be described as follows: (A) Law applicable on Conversion. 1. Conversion to other religion effect on the right to inherita
The term ‘Hindu undivided family’ is defined under the Hindu law. The term refers to a family of all persons lineally descended from common ancestors, including wives and unmarried daughters, if a
Introduction Dowry death has been one of the most alarming issues in Indian society. We come across huge cases of dowry deaths being filed every day. Dowry death implies the death of a woman due to be
How can NRI Property be secured in India?
– compiled by the firm’s best advocates for NRI property Disputes in Chandigarh Despite the promises made by the Indian Prime Minister, almost every Non-Resident Indian (NRI) has a fear! W
Daughters are now ‘Coparceners’
Introduction ‘All the coparceners have unity of possession and community of interest in the joint family property.’ Under Hindu Law, male members up to four generations in a Mitakshara F
Sample of Mutual Consent Divorce Petition
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for a pea
Overview There was a time when divorce was possible on the fault, wrongdoing or actions of one person only and he/she was punished for his /her fault. If both the parties were at fault, they could not
Sample Format of a Relinquishment Deed
When an individual dies intestate, i.e. without leaving a will or testamentary will), the property of that individual is inherited by his/her legal heir. Then it’s up to the heirs as what they want
What is a Relinquishment Deed?
Overview: In many cases, a person dies intestate, (without making a will or testamentary will) in such cases his/her legal heirs inherit the property. It is then up to the heirs as what to do with the
The Special Marriage Act, 1954: Salient Features
India follows a rigid structure of the caste system, and inter-religion marriage is still considered a taboo in the country. The Parliament introduced the Special Marriage Act, 1954 which allows for
Women’s Rights in Matrimonial Home
Women are an integral part of a society. They have as many rights as men have. Constitution of India guarantees them equal fundamental rights. However, in practice, the plight of women in India is not
The dictionary meaning of the word adoption is ‘the action or fact of adopting or being adopted. Adoption is the act of taking something on as your own. Adoption usually refers to the legal process
Your choice of a lawyer directly reflects in the result of your case. How can a layman know if the lawyer is bad? Yes, there’s a catch. A novice can’t judge an expert you’ll say. Wel
How are ‘Anand’ Marriages registered in India?
Introduction The demand of Sikhs for a separate law regarding the registration of the Sikh marriage is not unheard of. It has been going on for over a century with the members of the Sikh community ma
Hindu Marriage Act, 1955: Salient Features
The Oxford Dictionary defines “marriage” as “the legally or formally recognized union of a man and a woman (or, in some jurisdictions of the same sex) as partners in a relationship&#
“The state must intervene to prevent the exploitation of poor Indian women who are enticed or coerced into surrogacy, as well as to protect the rights of surrogate children. However, it should a
Restitution of Conjugal Rights
Overview In general, conjugal rights are the rights that are provided to married couples in relation to their sexual relations during the subsistence of the marriage. Restitution of Conjugal rights is
WILL A will is a legal document which declares the intention of the owner of the property with respect to his property, which he desires to be carried into effect after his death. It means a document
NRI Divorce – The How and Where Marriage is an institution which unites two people. No one wants to break it, even those who want to break it are afraid of the fear of social stigma. In recent y
When a muslim person under religious faith and for benefit of society donates his property in name of Allah it is called Waqf. Literal meaning of waqf is detention. Thus it means that ownership of the
Inheritance in Muslim Law or Succession constitutes four sources of Islamic law – The Holy Koran The Sunna: that is, the practice of the Prophet. The Ijma: that is, the consensus of the learned men
Rights of Hindu Women in Undivided Property
The Constitution of India provides for equality before the law and equal protection of laws irrespective of gender, caste, creed, and race. Succession Pre-1937 When it comes to the equal social status
MARRIAGE: from the perspective of best divorce advocates in Chandigarh
B&B Associates LLP is well regarded among the best advocates for divorce cases in Chandigarh. The firm has put a great deal of dedication in matrimonial and divorce litigation. With a plethora of
Register a Marriage under Hindu Marriage Act, 1955
In the eyes of law marriage is socio legal approval to a couple to live together and start a family. In India marriages are legally registered, here marriage can be registered under two acts, (a) the
Implications Of Domestic Violence
Implications of Domestic Violence Act 2005 The Protection of Women from Domestic Violence Act, 2005, grants Indian women more rights and protections than have ever been granted to them in the past. Th
Grounds for Divorce under the Hindu Marriage Act
Divorce is the legal dissolution of marriage by a court or other competent body. It is the ending of the marital relationship. India is a land of different religious communities having their personal
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Vineeta Sharma Vs. Rakesh Sharma & Ors.
Supreme Court of India Year : 2020
Sanjivani Ramchandra Kondalkar vs Ramchandra Bhimrao Kondalkar…
Bombay High Court Year : 2019
Priya Prabhakaran & Anr. Vs D Santhosh Kumar & Ors.
Supreme Court of India Year : 2019
Munish Kakkar Vs. Nidhi Kakkar
Supreme Court of India Year : 2019
M. Narasimha Reddy and Ors. vs M. Boosamma
Andhra High Court Year : 1975
Manisha Tyagi vs. Capt. Deepak Kumar
Supreme Court of India Year : 2010
Baby Manji Yamada vs. Union of India & ANR
Supreme Court of India Year : 2008
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