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 […]

The effect of BNS Bhartiya Nyay Sanhita on matrimonial disputes

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 […]

Wife can be liable for contempt for breach of Settlement Agreement

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 […]

How RCR can give Divorce and why filing RCR is better way to get divorce with case study? How Maintenance can be 0 in RCR?

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 […]

Legal Issues NRI Face when contesting Divorce in India

Legal Issues NRI face when they fight Matrimonial issues. Passport Impound and Seizure This is the most common issue NRIs face when they encounter matrimonial cases in India. What wives do in such cases is file false dowry harassment cases in India. Many times, both the husband and wife are residents of other countries such […]

How Much Maintainance You have to Pay…A Case Study.

How much maintenance do you need to pay up? It is very important to know how much maintenance can be decided against you. If you have a wife who is not working, the maintenance can range between 30% to 40% of your in-hand salary or income. If you have a child and your wife is […]

Wife filed False 498A case will you get divorce?

If wife has harassed you with false 498a cases will it benefit your divorce case? The answer to this is Yes..Court considers that falsely implicating husband and relatives of the husband in false 498a/dowry cases would tat amounts to mental cruelty on the husband and then he is entitled for the divorce under HMA. But […]