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 […]

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 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 […]

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 […]

These days it is very common for the youth to try live-in relationships with their girlfriends and boyfriends. But the problem with such types of relationships is that they seldom get successful. Now if the girl leaves the boy it is fine. But if the boy leaves the girl it is a disaster for the […]