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…
1. INTRODUCTION In a key procedural ruling, the Bombay High Court reaffirmed that when two divorce petitions under the Hindu Marriage Act, 1955 (HMA) are filed by the same spouses in different courts, the second petition must be transferred to the court…
1. Introduction The Punjab & Haryana High Court recently delivered a clear judgment holding that filing a plea for judicial separation under Section 10 of the Hindu Marriage Act, 1955 (HMA), after a divorce petition under Section 13 of the…
1. INTRODUCTIONIn an important ruling, the Kerala High Court has clarified that all applications seeking maintenance and related relief under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 are subject to a three-year limitation period…
INTRODUCTION In a recent and important decision under the Hindu Marriage Act, 1955 (HMA), the Kerala High Court clarified that a second marriage contracted within the statutory appeal period following a divorce decree will not automatically be treated as invalid,…
1. INTRODUCTION In a notable family law judgment, the Calcutta High Court sharply criticized a trial court judge for adopting a patriarchal and condescending approach while dismissing a husband’s divorce suit. The High Court intervened to set aside the impugned order and…
1. INTRODUCTION In a significant legal decision, the Madras High Court held that the mere pendency of a divorce petition does not prevent a spouse from initiating proceedings under the Protection of Women from Domestic Violence Act. This ruling clarifies…