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ABSTRACT Domestic violence jurisprudence often emphasizes the importance of specific temporal details to substantiate allegations. However, recent judgments by the Delhi High Court underscore that an inability to provide exact dates of alleged incidents does not inherently negate the credibility…

ABSTRACT: In a pivotal judgment reaffirming the sanctity of consent decrees in matrimonial cases, the Bombay High Court recently ruled that a party, especially one who has availed substantial benefits under consent terms, cannot subsequently resile from the agreement. This…

INTRODUCTION In a significant judgment that reiterates the distinction between matrimonial fault and parental fitness, the Bombay High Court recently held that adultery, while a valid ground for divorce, does not automatically disqualify a parent from obtaining custody of a child.…

INTRODUCTION The Bombay High Court recently ruled that a woman who voluntarily leaves the matrimonial home before divorce proceedings cannot later claim a right to residence under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). This judgment has sparked debate on…

ABSTRACT In a landmark judgment, the Bombay High Court ruled that a financially independent woman can be directed to pay maintenance to her ex-husband under Section 24 of the Hindu Marriage Act, 1955. This decision challenges traditional gender roles in…

 REPUTATIONAL RISKS OF PUBLICLY LEVELLING ALLEGATIONS AGAINST A SPOUSE THROUGH NEWSPAPERS In a noteworthy judgment, the Bombay High Court has articulated the significant legal and societal implications of publishing allegations against a spouse via newspapers or other media formats. The…

Introduction The Hindu Marriage Act, 1955 (“HMA”), via Section 13‑B, offers a non-contentious route to marital dissolution. It mandates two motions, a minimum one-year separation, and a six-month cooling‑off period. The Bombay High Court’s recent jurisprudence, particularly in Sneha Akshay…

INTRODUCTION In Mansi Bhavin Dharani v. Bhavin Jagdish Dharani, Family Court Appeal No. 24 of 2022 (Bombay HC Mar. 24, 2023), the Bombay High Court reaffirmed a crucial procedural safeguard in contested divorce cases under the Hindu Marriage Act, 1955 (“HMA”). The bench—Justices R. Dhanuka…

1. INTRODUCTION The Bombay High Court’s ruling in Vaibhavi Rajendra Chalke v. Rajendra Ganpat Chalke, Family Court Appeal No. 155 of 2018 (Bombay High Ct. Jan. 3, 2025), marks a pivotal development in Indian matrimonial jurisprudence. The Court unequivocally held that a…

ABSTRACT Interim maintenance serves as a provisional remedy aimed at mitigating financial distress faced by economically dependent spouses during matrimonial litigation. It is a crucial tool in ensuring access to justice, especially for wives who are often disadvantaged due to…