DISMISSAL OF DV CASE ON VAGUE ALLEGATIONS

Domestic violence is a very sensitive issue to address in the legal system due to numerous incidents of vague allegations and false cases implicating the Innocents in the Relationship. Although on the one face of the coin, Number of women are facing Domestic violence and choose to be silent in the society for the sake […]

Mental Cruelty by wife……divorce in favor of Husband

The Hindu Marriage Act of 1955, which governs the law relating to Indian marriages between Hindus, and the Special Marriage Act of 1954, which governs the law relating to all Indian marriages regardless of religious denominations, contain an identical ground for divorce: “cruelty” after solemnization of the marriage. Matrimonial matters are matters of delicate human […]

498a quashing latest judgements

Here, are the 5 latest judgements of courts in which FIR registered under 498A got quashed due to presence of vague allegations and false charges against the husband and his family members. In case of Kahkashan Kausar and Ors. vs. State of Bihar and Ors. (08.02.2022 – SC)  wife has  instituted a criminal complaint against […]

When can Maintenance can be denied to the wife?

In this article I will cover 8 grounds with Judgments held in the field on the grounds how maintenance can be denied to the wife. The Five Ground are Wife Living separately without sufficient cause. This ground is very simple but needs effective cross examination. In this ground the onus is on the wife to […]

Maintenance judgements against earning wife….

Section 125 of the Code of Criminal Procedure, 1973 (CrPC) requires a husband to support his wife (who is otherwise unable to maintain herself). Maintenance is the amount provided by the husband to the wife and child when they are unable to maintain themselve. But nowadays, when wife is earning then aswell she files maintenance […]

How court decide custody of minor child…In which cases father gets Child custody…

Custody of the child is a issue that is to be decided by the court when two couples fight and get into legal tussle…. The children are the one who suffers…. If they stay with mother they will crave love and attention of the father and vice versa…. So there has to be a solution […]

Latest 2022 Judgements in 498a IPC

Here are the 5 latest judgements on 498A i am sharing with you which willdefinitely help you in your case for Quashing of charges, criminal Trials etc. I haveresearched these judgements specifically for 498A cases. Nitish BankaNitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997 […]

Can you send wife to Jail by this case?

Today I was thinking that whether we can send wife to jail if the execution of decree for restitution of conjugal rights against her and it is not obeyed by her or their are any other procedures in law by which we can take any strict action on wife as in most of matrimonial disputes […]

Can wife forcefully enter the matrimonial home under the domestic violence act?

Many clients ask me this question? will the wife be allowed to enter the matrimonial home under domestic violence act? Many old parents are scared that they would be evicted from their own house and court will allow the wife to reside with them or give the property of wife. A lot of tension is […]

Will Court reduce maintenance if I leave my job or join some small job?

Many clients come with a query that whether it is advisable to leave a job or join some small job. Will the court consider this and reduce the maintenance? I will answer this question with my own experience and the recent Judgement of the Delhi High Court. In my own case which is still running […]