Matrimonial Law
Matrimonial disputes or law may refer to disagreements, often legal, regarding marriage. The matrimonial disputes may arise at any point of time between the marital partners. The disputes can be attributed due to a variety of reasons arising from verbal or physical abuse to personal characteristics and behavioral patterns.
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Interim Maintenance Under Domestic Violence Act and Maintenance U/s 125 CrPC – Are of the Same Nature
So far as interim maintenance awarded under Section 20 of Protection of Women from Domestic Violence Act is concerned, it was held that the maintenance allowance awarded under Section 125 of CrPC by…
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Right to Maintenance – A Pre-Existing Right
In V. Tulasamma v. Sesha Reddy, (1977) 3 SCC 99, it was held that Hindu Women’s right to maintenance is the personal obligation so far as the husband is concerned and it is…
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Void and Voidable Marriages
Section 11 of the Hindu Marriage Act provides for void marriages which may be declared as a nullity and lays down that void marriages are those marriages which are solemnized in contravention of…
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Appeal from Decree of Divorce – Filed beyond expiry of period of Limitation
As held by the Hon’ble Supreme Court in Anurag Mittal v. Shaily Mishra Mittal reported in (2018) 9 SCC 691, the object of Section 15 of Hindu Marriage Act is to provide protection to the person who had…
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Section 125 CrPC – Is a Measure of Social Justice
It is pertinent to mention that Section 125 CrPC is a measure of social justice and it is intended to protect the wife and her children who has no means to maintain herself.…
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Denial of Motherhood – Amounts to Cruelty
It is well-acknowledged that what constitutes ‘Cruelty’, in a marriage is almost impossible to define. Hon’ble Supreme Court, has in a number of decisions held that ‘cruelty’ in a marriage is to be determined in…
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Acquittal of Husband under Section 498-A IPC
It is true that it is open for anyone to file complaint or lodge prosecution for redressal of his or her grievances and lodge a first information report for an offence also and…
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Non-Payment of Maintenance Allowance – Powers of Magistrate
On a plain reading of sub-section (3) of Section 125 CrPC, it is apparently clear that in the event of any failure on the part of any person to comply with an order…