MATRIMONIAL & DIVORCE LAWYER

Supreme Court: Overrules earlier view - Shared household can only be that household which is household of the joint family of which husband is a member or in which husband of the aggrieved person has a share

By team of Advocate Retainer October 21, 2020 - 08:30

Supreme Court: Overrules earlier view - Shared household can only be that household which is household of the joint family of which husband is a member or in which husband of the aggrieved person has a share

The SC on October 15, 2020 {SATISH CHANDER AHUJA vs. SNEHA AHUJA} held that the domestic violence in this country is rampant and several women enc...

Posted in Claim of Shared household in WS to be considered, Daughter in law, Domestic Violence, Domestic Violence Act, Eviction of Wife from tenanted premises, Finding in Civil Proceedings & Criminal proceedings affect on each other, Impleadement of husband, Order 1 Rule 10 CPC, Order 12 Rule 6 CPC, Right of residence, Sec 2(s), Shared household

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[Difference of opinions] SC refers to larger bench legal question, "Does Family Court have jurisdiction in maintenance application under Muslim Women Act, 1986?"

By team of Advocate Retainer June 25, 2020 - 09:30

[Difference of opinions] SC refers to larger bench legal question, "Does Family Court have jurisdiction in maintenance application under Muslim Women Act, 1986?"

The SC on June 18, 2020 {RANA NAHID @ RESHMA @ SANA & ANR. vs SAHIDUL HAQ CHISTI} was considering vexed, but interesting question of law i.e. ...

Posted in Family Court, Jurisdiction, Maintenance, Muslim Women’s Protection Act, Reference to larger bench SC

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Evidence by way of affidavit can be given in proceedings u/s 125 Cr.P.C., presence of adverse party during evidence is not compulsory; Delhi High Court

By team of Advocate Retainer May 03, 2020 - 10:30

Evidence by way of affidavit can be given in proceedings u/s 125 Cr.P.C., presence of adverse party during evidence is not compulsory; Delhi High Court

The Delhi High Court on April 30, 2020 {AJAY GUPTA v. SONIA GUPTA} held if the provisions of Chapter IV of the Family Courts Act, 1984 (hereafter ...

Posted in Evidence by affidavit, Family Court, Family Court procedure, Sec 125 Cr.P.C.

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Wife Remarriage is hardly a ground to claim custody of the child, Delhi HC

By team of Advocate Retainer May 02, 2020 - 05:30

Wife Remarriage is hardly a ground to claim custody of the child, Delhi HC

The Delhi High Court on May 1, 2020 {FAISAL KHAN v. HUMERA} held that the respondent/ wife had got married to Mr. Mussavir Mustafa, she had left w...

Posted in Child removed to foreign country, Custody of Child, Guardianship Petition, Remarriage by wife

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SC disposes matrimonial dispute on settlement, directs in case of non-deposit of money by husband the appeal shall stand allowed

By team of Advocate Retainer April 30, 2020 - 03:30

SC disposes matrimonial dispute on settlement, directs in case of non-deposit of money by husband the appeal shall stand allowed

The SC on April 29, 2020 {NEELAM GUPTA v. MAHIPAL SHARAN GUPTA AND ANOTHER} held that the present appeals were being entertained by the Court prin...

Posted in Domestic Violence Act, Residence Order, Settlement

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Wife cannot be compelled to live in a separate household, not her matrimonial home, without judicial order - no forceful dishousing of a Wife: SC

By team of Advocate Retainer April 27, 2020 - 11:30

Wife cannot be compelled to live in a separate household, not her matrimonial home, without judicial order - no forceful dishousing of a Wife: SC

The SC on April 27, 2020 {AISHWARYA ATUL PUSALKAR v. MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY & ORS.} held that the Protection of ...

Posted in alienation of Shared Household, Domestic Violence Act, Forceful Dispossession of Wife, Hindu Adoption and Maintenance Act, joint-property, Separate Household, Shared household

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The HC can direct for surrender of passport for ensuring the presence of parties in contempt proceedings; SC.

By team of Advocate Retainer March 31, 2020 - 09:30

The HC can direct for surrender of passport for ensuring the presence of parties in contempt proceedings; SC.

Supreme Court of India Justice R Banumathi & Justice A S Bopanna The SC on March 19, 2020 {SHYAM SAHNI v. ARJUN PRAKASH AND OTHERS } held that ...

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Dismissal of criminal complaint of wife is no ground for divorce - if it is not pleaded in divorce petition that the husband suffered mental cruelty due to filing of false complaint; SC.

By team of Advocate Retainer March 16, 2020 - 22:30

Dismissal of criminal complaint of wife is no ground for divorce - if it is not pleaded in divorce petition that the husband suffered mental cruelty due to filing of false complaint; SC.

Supreme Court of India Justice A S Bopanna & Justice R Banumathi & Justice S Abdul Nazeer The SC {Mangayakarasi v. M. Yuvaraj} holds that a...

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Second marriage, during pendency of appeal against divorce decree filed after expiry of period of limitation, is valid; SC.

By team of Advocate Retainer February 28, 2020 - 13:14

Second marriage, during pendency of appeal against divorce decree filed after expiry of period of limitation, is valid; SC.

Supreme Court of India Justice Indira Banerjee & Justice M R Shah The SC {Krishnaveni Rai v. Pankaj Rai & Anr.} holds that the bar of Se...

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A Magistrate has power to recall order passed under Sec 125 Cr.P.C; SC.

By team of Advocate Retainer February 26, 2020 - 03:14

A Magistrate has power to recall order passed under Sec 125 Cr.P.C; SC.

Supreme Court of India Justice Ashok Bhushan and Justice R. Subhash Reddy The SC {SANJEEV KAPOOR v. CHANDANA KAPOOR & ORS.} holds that the o...

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In domestic violence, in absence of specific allegations, proceedings are liable to be quashed; SC.

By team of Advocate Retainer February 23, 2020 - 10:30

In domestic violence, in absence of specific allegations, proceedings are liable to be quashed; SC.

Supreme Court of India Justice R Banumathi, Justice A S Bopanna and Justice Hrishikesh Roy The SC {SHYAMLAL DEVDA AND OTHERS v. PARIMALA} holds in ...

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Matrimonial Lawyer: Legal action(s) initiated by wife against husband cannot be a ground of mental cruelty for divorce; SC.

By team of Advocate Retainer August 21, 2019 - 13:04

Matrimonial Lawyer: Legal action(s) initiated by wife against husband cannot be a ground of mental cruelty for divorce; SC.

Supreme Court of India Justice A S Bopanna and Justice R. Banumathi The SC {Ravinder Kaur v. Manjeet Singh (Dead) through Lrs.} after setting aside...

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