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 […]

When there are no evidence to show that the wife has deserted you with reasonable cause court can deny maintenance in such case  In Bheekha Ram v. Goma Devi and Ors., it was held by the Rajasthan HC that, there is no maintenance to the deserting wife. Right to maintenance stems performance of marital duty. If there […]

If the husband is living separately from his parents and his wife residing with his parents at her matrimonial home and husband wants wife to leave his parents’ house and parents doing cruelty against the wife. Will husband get bail in that condition? When husband is living separately from his wife and his parents and […]

Madras High Court Arunkumar vs The State Rep By on 30 September, 2020                                                   CRL.O.P.No.4373 of 2020 Therefore the entire proceedings is liable to be quashed and it cannot be sustained, […]