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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

The new laws—BNS, BSS,  and BNSS—were enacted and came into force on July 1, 2024. It is pertinent to mention that these laws will significantly affect the implementation of matrimonial disputes currently ongoing or to be filed in the future. The amended laws have a profound impact on the matrimonial procedures adopted by the courts. This […]

In mutual consent divorce cases, the wife’s side and the husband’s side first enter into a settlement. They then file the first motion divorce petition, followed by the second motion divorce petition. Once the statements are recorded in the first motion divorce petition and a significant amount of money is given in the first motion […]

There is a common belief that when the wife’s side files 498a/DV or any such package cases, the husband who has already filed RCR wishes to withdraw the RCR case and file for divorce on the ground of cruelty. Experience shows that it is difficult to prove cruelty, and the chances of getting a divorce […]