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Withdrawing Consent For Divorce U/S 13B Of Hindu Marriage Act Contrary To Settlement Does Not Amount To Contempt : HP High Court

While noting that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, the Himachal Pradesh High Court recently dismissed the petition for invoking contempt proceedings against the Respondent (wife) for violating terms of settlement between parties. The High Court clarified that the right of Respondent

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स्वेच्छा से अलग रहने वाली महिला भरण-पोषण की हकदार नहीं – Family Court

Family Court : जबलपुर  कुटुम्ब न्यायालय के प्रधान न्यायाधीश विजय सिंह कावछा के न्यायालय ने अपने एक महत्वपूर्ण आदेश में साफ किया कि स्वेच्छा व परस्पर सहमति से पति से लग रहने वाली महिला भरण-पोषण राशि की हकदार नहीं है। लिहाजा, उसका आवेदन निरस्त किया जाता है। युवक की ओर से अधिवक्ता जीएस ठाकुर व अरुण कुमार भगत ने पक्ष रखा।

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498A Quashed When Wife Files a Dowry Harassment Case Against Her Husband After Receiving a Divorce Notice

While deciding the instant petitions invoking the Court’s inherent power under S. 482 CrPC to quash complaints against the petitioners under the provisions of Penal Code, 1860 and Dowry Prohibition Act, 1961, the Bench of S. Rachaiah, J.*, held that criminal case filed by a wife against her husband and in-laws with regards to cruelty and dowry harassment, loses its

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Orissa HC Imposes ₹25K Cost On Wife For Suppressing Facts

In a recent judgment, the High Court of Orissa at Cuttack dismissed a writ petition seeking reconciliation between the parties in a matrimonial dispute. The court, set aside an order passed by the Family Court, Jharsuguda, rejecting the petitioner’s application for further conciliation. Furthermore, the court imposed a cost of Rs. 25,000 on the petitioner for misleading the court and suppressing material

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Delhi High Court Issues Guidelines For Drafting a Settlement Agreement in Matrimonial Disputes of Criminal Nature

Delhi High Court: In a petition filed by the petitioner under Section 482 of Criminal Procedure Code (‘CrPC’), seeking quashing of FIR registered at Police Station Uttam Nagar, for the offences punishable under Sections 498-A, 406, and 34 of Penal Code, 1860 (‘IPC’) inspite of the alleged settlement arrived between the parties. Swarana Kanta Sharma, J., quashes the FIR having

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Delhi Court Denies Maintenance To MBA Graduate Wife

The Delhi court dismissed the interim monetary relief request of a wife under the Protection of Women from Domestic Violence Act, reasoning that she possessed high qualifications and could procure a means of income, and awarding her maintenance would encourage inactivity and reliance on her spouse. An application was filed by the wife under the act seeking interim maintenance of

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What Is The Right Time To Go For Counter Cases ?

Whenever  there is any matrimonial dispute between husband and wife things come to end in court. Our judicial system gives numerous options to wife to claim for maintenance to file case for cruelty, for domestic violence, etc. Now the question arises what is the option left with husband ? Many times husband becomes the victim in all these, he is

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No Inquiry Conducted By Magistrate Before Passing Summoning Order, Proceedings of 498-A Against Husband and In-laws Quashed

Calcutta High Court judgement Dated 13-01-2023 According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and her husband was solemnized on 24.11.2014 as per Hindu rites, traditions, and customs, and at the time of marriage, the father of the wife gave a huge amount of cash and several bhoris of gold ornaments

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498A Quash Judgement 04-01-2023 Jharkhand High Court

According to the facts of this case, the wife was living with her husband and In-laws in her matrimonial home. It is stated that an incident took place on 09.12.2016 upon which, the wife filed a complaint petition dated 14.12.2016 under Sections 323, 341, 354, 379, 498A, 504, 506, and 34 of IPC, against the parents-in-law, and brother-in-law. It is

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