Adultery and Maintenance: Allahabad High Court Stays Interim Maintenance Order Pending Adultery Allegations

In a significant legal development, the Allahabad High Court has intervened in a maintenance dispute involving allegations of adultery. The case underscores the intricate balance between marital obligations and legal provisions governing maintenance. This article delves into the details of CRIMINAL REVISION No. – 6106 of 2023, exploring the implications of the High Court’s decision, […]

Analysis of Achin Gupta vs State of Haryana: A Landmark Judgment on Dowry and Domestic Violence Allegations

The Supreme Court’s ruling in **Achin Gupta vs State of Haryana** represents a pivotal moment in the legal discourse surrounding allegations of dowry harassment and domestic violence. This case underscores the complexities involved in navigating such sensitive issues, as well as the judiciary’s role in distinguishing between legitimate claims and those motivated by personal vendettas. […]

Wife Right to residence at parents house and parents rights under senior citizen act who wins?Can a Wife Claim Right to Residence in In-Laws’ House? Delhi High Court Ruling Explained…

In the recent case of Pooja Mehta vs. Union of India, the Delhi High Court addressed a significant legal conflict between a wife’s right to reside in a shared household under the Domestic Violence (DV) Act and the rights of elderly parents to evict their son and daughter-in-law under the Senior Citizens Act. The case […]

No Maintenance No Divorce Ruled by Karnataka High Court

In a recent decision, the Karnataka High Court ruled in favor of a wife who had filed a petition seeking to stay her husband’s divorce proceedings until he cleared all arrears of maintenance, which had been previously awarded by the Family Court. The husband had initiated divorce proceedings before the Family Court, and the wife […]

Can you go for quashing at FIR stage and How to Obtain a Stay on Investigation When an FIR is Pending in 498A or Under Sections 85/86 of the BNS?

Many of you might be wondering whether to approach the court for quashing an FIR at the very initial stage, or to wait until the charge sheet is filed. From my experience with matrimonial disputes, particularly in cases under Section 498A IPC or Sections 85/86 of the Bharatiya Nagarik Suraksha (BNS), I have often observed […]

When to file Defamation in matrimonial cases?

Defamation is a complex legal issue, especially when it intersects with sensitive matters like false dowry allegations. This article explores when one is eligible to file a defamation suit in such contexts, considering the legal principles and case laws that govern defamation in India. Essential Ingredients of Defamation To establish a defamation case under Indian […]

15 Lakh Compensation to Husband as he won defamation case against wife….

In the present matter, the husband had already obtained a divorce decree in his favor, yet the wife continued to harass him even after the divorce. She sent various defamatory emails to the husband’s employer, despite their marriage being solemnized on 30.06.2001 according to Hindu rites and ceremonies. The couple had a minor daughter born […]

Section 377 IPC not maintainable in Husband and Wife cases?

Misuse of Section 377 IPC in Matrimonial Disputes: An Examination Post-Navtej Singh Johar Judgment In matrimonial disputes in India, it is not uncommon for wives to allege offenses under Section 377 of the Indian Penal Code (IPC) against their husbands and in-laws. This is often done to enhance the severity of charges and exert additional […]

How to get Stay on trial in 498aIPC or 85/86 BNS from High Court in quashing

Generally, we do not advise husbands to seek quashing of Section 498A IPC or Sections 85/86 BNS because typically the courts do not interfere in such matters. Instead, we recommend that our clients seek quashing for their relatives, such as their father, mother, brother, and sister, as the chances of success are much higher. However, […]

How The New BNSS effects the Matrimonial Proceedings-Part-1

The new BNSS came into force from 1st July 2024 and there are number of major changes now in criminal procedure erstwhile CrPC which is now replaced by BNSS. Now how it will effect the matrimonial proceedings we will discuss in parts. In this part we will discuss the effect of BNSS on CrPC right […]