matrimonial dispute Archives

Madras HC | Husband and Wife living separately for past 13 years. Can cooling-off period under S. 13-B of Hindu Marriage Act, 1955 be waived off, if sought mutually ? Read on

Madras High Court: J. Nisha Banu, J., while addressing a revision petition directed the Family Court to waive off the cooling-off period

Case Briefs High Courts

Del HC | While calculating husband’s income for granting maintenance to wife, can husband’s mother who receives her independent pension and rental income be counted as a dependant to be maintained by husband? HC explains

Delhi High Court: Suresh Kumar Kait, J., while addressing a criminal revision petition concerning a matrimonial dispute expressed that: “..husband cannot wriggle

Case Briefs Supreme Court

Restitution of conjugal rights| Read how Supreme Court imparted justice to a woman despite rejecting her Transfer Petition

“While the hardship, both social and financial, pleaded by the petitioner deserves favourable consideration, the transfer of the case at this stage of the proceeding may not be appropriate.”

Case Briefs High Courts

All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says

Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as

Case Briefs Supreme Court

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Case Briefs Supreme Court

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,

Case Briefs High Courts

Chh HC | In a matrimonial dispute, cause of action can arise several times, even if the dispute is settled and case has been withdrawn

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., while addressing a petition made an observation with regard to matrimonial disputes that, “…in a

Case Briefs High Courts

Ker HC | Anticipatory bail granted to the accused in a case under under S. 498-A IPC, observing the matter is purely matrimonial

Kerala High Court: N. Anil Kumar, J. allowed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure,

Case Briefs High Courts

P&H HC | No illegality in quashing criminal proceedings in a matrimonial dispute if parties have entered into a settlement

Punjab and Haryana High Court: Hari Pal Verma, J. allowed the petition filed for quashing of FIR under Section 482 of Code

Case Briefs High Courts

All HC | Offender and victim in a matrimonial dispute, may be allowed to compound offences in terms of settlement

Allahabad High Court: Sanjay Kumar Singh, J. while allowing the application under Section 482 CrPC observed that even the law provides that

Case Briefs High Courts

P&H HC | Observation in grant of regular bail not be construed as an expression on merit of the case; bail application allowed on the ground that culpability to be determined at trial

Punjab and Haryana High Court: Fateh Deep Singh, J. allowed the application of bail on the ground that petitioner was behind the

Case Briefs High Courts

Del HC | Law regarding quashing of FIR in non-compoundable offence under S. 498-A IPC culled out

Delhi High Court: R.K. Gauba, J., referring to the relevant authority on the subject, allowed a petition filed under Section 482 CrPC

Case Briefs High Courts

Madras HC considers irretrievable breakdown of marriage as a valid ground for divorce

Madras High Court: A Bench comprising of V.M. Vellumani, J. has held in the case of matrimonial dispute regarding the irretrievable breakdown

Case Briefs High Courts

Matrimonial dispute alleging demand for dowry, harassment and torture must be substantiated with clear and cogent documentary evidence or witness accounts

Uttaranchal High Court: A Division bench comprising of Rajiv Sharma and Alok Singh, JJ. dismissed an appeal filed against the judgment of

Case Briefs Supreme Court

SC gives quietus to litigation in matrimonial dispute to ensure that parties may live peacefully

Supreme Court: Abhay Manohar Sapre, J. speaking for himself and his brother Judge Uday U. Lalit, gave judgment in a civil appeal

Case Briefs High Courts

For the purposes of S. 498-A IPC, a former wife will not come under the category of “the relative of the husband”

Gujarat High Court: In the instant application wherein the applicant invoked the inherent power of the Court under Section 482 of CrPC

Case Briefs High Courts

Ordinary tantrums and discord or differences in domestic life does not amount to cruelty as envisaged under Section 498-A IPC

Bombay High Court: While allowing the application for suspension of sentence of the applicant/accused under Sections 498-A and 306 read with Section