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Category: Family and Matrimonial

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Woman Deceived Into Marriage by Husband’s Concealment of Existing Marriage Entitled to Maintenance Under Section 125 CrPC: Allahabad High Court

Introduction In a significant judgment advancing the social justice objective of maintenance laws, the Allahabad High Court has held that a woman who is induced into marriage because the husband concealed his existing valid marriage is

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Right to Marry Is a Facet of Article 21: Rajasthan High Court Permits Murder Convict to Marry in Open-Air Jail

Introduction In a significant judgment reaffirming that imprisonment does not extinguish all fundamental rights, the Rajasthan High Court held that the right to marry is an intrinsic part of the right to life and personal liberty

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Wife Who Voluntarily Left Matrimonial Home and Was Found to Be in an Extramarital Relationship Not Entitled to Divorce: Madhya Pradesh High Court

Introduction In a significant matrimonial law judgment, the Madhya Pradesh High Court held that a spouse who voluntarily abandons the matrimonial home without sufficient justification and is found to have engaged in an extramarital relationship cannot

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Supreme Court Raises Concern Over Alleged Misuse of POCSO Law in Matrimonial Disputes

Introduction The Supreme Court has expressed concern over what it described as an “uglier side” of matrimonial litigation, noting instances where allegations under the Protection of Children from Sexual Offences (POCSO) Act are allegedly being invoked

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Single Meeting With Former Partner Does Not By Itself Prove Adultery: Punjab & Haryana High Court

Introduction In an important ruling on matrimonial disputes, the Punjab and Haryana High Court has held that a single incident of a spouse meeting a former partner cannot, by itself, be treated as proof of adultery.

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Wives Are Not “Deemed Maids”: Bombay High Court Says Refusal to Cook or Clean Is Not Cruelty

Introduction In an important ruling on marital rights and gender roles, the Bombay High Court has observed that a wife cannot be treated as a “deemed maid” in the household and that refusal to perform domestic

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Unproven Allegation That Wife Accused Husband of HIV/AIDS Not Enough for Divorce: Karnataka High Court

Introduction In a significant ruling on matrimonial disputes, the Karnataka High Court has held that an unsubstantiated allegation that a wife accused her husband of suffering from HIV/AIDS cannot, by itself, amount to mental cruelty sufficient

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Wife Cannot Access Husband’s Income Tax Details Through RTI for Maintenance Claims: Delhi High Court

Introduction In a significant ruling on privacy and the scope of the Right to Information (RTI) Act, the Delhi High Court has held that a wife cannot seek her husband’s income tax details through RTI to

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“Don’t Marry If You Can’t Maintain Family”: Allahabad High Court Rejects Husband’s Plea on Poor Finances

Introduction In a strong observation on marital responsibility, the Allahabad High Court has held that a husband cannot escape his legal duty to maintain his wife and children by citing poor financial condition. Background of the

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Wife & Her Family Cannot Be Prosecuted for ‘Dowry-Giving’ Based on Her Complaint: Supreme Court

Introduction In a significant clarification of dowry laws, the Supreme Court has held that a wife and her family members cannot be prosecuted for “giving dowry” merely on the basis of statements made in her complaint

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