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1. INTRODUCTION Section 498A of the Indian Penal Code (IPC) was enacted to protect married women from cruelty by their husbands and their husbands’ relatives. Over the years, courts have repeatedly examined the scope of this provision to ensure that it is…

1. INTRODUCTION The Kerala High Court recently ruled that a wife cannot withdraw her consent to a mutual divorce after she has accepted the financial benefits agreed upon in the settlement. The Court dismissed her appeal and upheld the Family Court’s decree…

1. INTRODUCTION The Chhattisgarh High Court recently delivered a significant judgment in a child custody dispute, holding that a father who is living with a second wife without legally divorcing his first wife cannot obtain custody of his minor child. The Court…

1. INTRODUCTION The Karnataka High Court has delivered a noteworthy judgment holding that an ex parte divorce decree — particularly one granted without the wife’s participation — should not be allowed to create a lifelong stigma that prevents her from accessing benefits…

1. INTRODUCTION The Gujarat High Court recently upheld a divorce decree dissolving a long standing marriage where the central issue between the spouses was reportedly the wife’s refusal to consume onion and garlic due to her religious dietary practices. Although the facts…

1. INTRODUCTION In a recent decision, the Telangana High Court rejected a wife’s request to transfer her divorce case from a court in Nirmal to a family court in Hyderabad or Ranga Reddy District. The Court observed that the wife had not…

1. INTRODUCTION The Kerala High Court recently reaffirmed an important legal principle in maintenance law: when a woman seeks maintenance after divorce, her claim should not be easily resisted by the husband on the ground that he has inadequate resources, especially…

1. INTRODUCTION The Supreme Court of India recently made an important observation about the need for a “Romeo-Juliet clause” in the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court did not itself create such a clause but urged…

1. INTRODUCTION In a landmark family law and criminal law judgment, the Telangana High Court held that cohabitation and sexual relations with a woman under the false pretense of a lawful marriage — when the husband was still legally married…

1. INTRODUCTION The Punjab & Haryana High Court has clarified an important point about territorial jurisdiction in divorce cases under the Hindu Marriage Act, 1955 (HMA) — a wife who files a divorce petition must be actually and physically residing in the territorial jurisdiction…