The allegations of 376 and 377 are put in 498A IPC are just put in to take the case out of Arnesh Kumar. As per Arnesh Kumar 7 Years offences are exempted for automatic arrests. so to make it more lethal allegations of 376 and 377 are put in along with 498A IPC But court […]

Now the cases are settled between the Husband and wife and settlement terms are signed and you are ready to live a Free Life. Now what happens is that you gave some money or streedhan articles at the first motion of divorce But wife does not turn up for doing formality at the second motion […]

Hari Har Raj Kalingarayar vs Aarti (Madras High Court) This case starts from the petitioner being aggrieved by the order of the Ld. Family Court directing him to pay an amount of Rs. 55000 as monthly maintenance to his wife and 2 children. The Madras High Court looked into the fact that the respondent wife […]

Facts: Wife filed belated 498a complainant after 3 years of separation. The police were disturbing the parents they approached Hon’ble High Court and High court had directed that the police must do preliminary enquiry and refer the matter to the family court in case there is matrimonial dispute. But instead of doing that the police […]

There is a lot of trouble which is faced by the NRI people that they amicably take divorce and everything just get ended or may be a divorce on merit in foreign country and wife has to come back to India. This forceful exodus give rise to false cases in India. In one such case […]

Even if you get successful in divorce case on merits there is always when the wife is not working the court can grant a permanent alimony to the tune of 10 lakh-15 lakhs or may be more in a divorce case at the time of passing of the decree. The ambit of alimony comes under […]

The Hon’ble Supreme court in this judgement of Bhushan Kumar has reduced the maintenance on behalf of husband to 50% The husband was earning around Rs. 34000/- He argued that only Rs. 9000/- is left for him and trial court has put up maintenance of Rs. 10000/- The Hon’ble Supreme court reduced the maintenance to […]

Article on Section 25(2) of The Protection of Women from Domestic Violence Act, 2005 Section 25(2) of The Protection of Women from Domestic Violence Act, 2005 provides for alteration, modification or revocation of maintenance if there is a change in circumstances so warrant. Section 25(2) can be used if you are ordered to pay maintenance […]

The Bail is the discretionary relief and there is no prediction whether a bail is to be given or not. With so much of un predictability there comes something from the Judge side. Now in 498a bail case sometimes judge may ask you to settle the case and may ask for an offer from your […]

I see many number of clients who have evidence with them and waiting for the Defence evidence stage to use it. The problem with this is sometimes the best possible evidence cannot be produced by the husband to prove his innocence. Now if the husband is saying that his relatives where not present at the […]