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Showing posts with label
matrimonial law
.
Show all posts
Showing posts with label
matrimonial law
.
Show all posts
Sunday, 23 February 2025
What is distinction between concept of cruelty U/S 498A of IPC and Under Civil law or Matrimonial law?
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C. Veerudu Vs. State Of A.P.(1989) CR. L.J. NOC 52(A.P.) S. 498 A The sole constituent of offence u/s 498 A is cruelty which means 'wi...
Thursday, 14 December 2023
What is role of counseling and mediation in matrimonial conflict resolution in the context of S 89 C.PC?
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Counseling and mediation play important roles in matrimonial conflict resolution, especially in the context of Section 89 of the Code of C...
Sunday, 4 April 2021
Can the court grant a divorce to the husband if the wife makes a false allegation of his impotence amounting to cruelty?
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As regards the allegations made in pleadings, Courts have considered this question time and again and it is now no longer res integra th...
Tuesday, 8 December 2020
Whether former husband of Muslim wife can refuse to pay permanent alimony to her if she remarries after divorce?
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We may conclude observing that when the Court makes an award of permanent alimony or for one time payment, it is not founded on any stipula...
Wednesday, 30 August 2017
Whether it is duty of court to protect wife against burden of litigating in an inconvenient forum?
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We may add that the spouses had set up their matrimonial home in England where the wife was working as a clerk and the husband as a bus ...
Monday, 10 July 2017
How to ascertain limitation for seeking declaration that there was no marriage?
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If a party wants a declaration that there was no marriage and no marriage was conducted and thereby the status of the wife or husband sho...
Sunday, 21 May 2017
When husband can claim maintenance from wife?
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A husband seeking maintenance from the wife can be treated only as exceptional case as normally he has got the liability or oblig...
Sunday, 12 March 2017
When court should not give decree for divorce to husband on ground of adultery by wife?
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Mainly, it would be necessary to consider the evidence of the husband and his witnesses, as it is well settled that ...
Sunday, 21 August 2016
Leading Supreme Court Judgment on appreciation of evidence in civil/matrimonial proceeding
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The normal rule which governs civil proceedings is that a fact can be said to be established if it is proved by a preponderance of probabil...
Sunday, 17 July 2016
Whether concept of fraud as mentioned in contract Act is applicable to matrimonial proceeding?
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The word 'fraud' has not been defined in the Act. It has, however, been defined in Section 17 of the Indian Contract Act thus-- ...
Friday, 20 November 2015
Whether wife leaving husband for becoming politician amounts to desertion?
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To prove desertion in matrimonial matter, it is not always necessary that one of the spouse should have left the company of the other a...
Sunday, 18 October 2015
How to appreciate that husband was really wanted to bring back wife to his house?
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The only question that has to be decided in this case is whether the appellant had voluntarily withdrawn from the society of the respond...
Saturday, 22 August 2015
Whether persons not residing with husband can be charged for criminal breach of trust relating to streedhan of wife?
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In paragraph 4 of the complaint, there is a general allegation that the cash and gifts which the respondent No. 2 and accused No. 1-Vai...
Sunday, 2 August 2015
Whether filing of complaint by wife under Domestic violence Act amounts to cruelty?
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So far as filing of the case under the Domestic Violence Act is concerned, the learned Counsel for the appellant submitted that bec...
Whether wife initiating proceeding under S498A of IPC and S 125 of CRPC amounts to cruelty?
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Then comes the wife filing a petition under Section 498-A of IPC and initiating proceedings under Section 125 Cr.P.C. However, mere fi...
Wednesday, 29 July 2015
Good study material on matrimonial law and family court
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https://drive.google.com/file/d/0B5vWGtQ14k1BeHhhc3dVX1ZzLW8/view?usp=sharing
Tuesday, 21 July 2015
Whether it is necessary to decide issue of jurisdiction prior to grant of divorce?
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A Bombay High Court Bench at Nagpur, comprising Justice Vasanti A. Naik and Justice Prasanna B. Varale recently mulled over the question...
Wednesday, 13 May 2015
Basic concept of taking advantage of his own wrong in matrimonial law
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There is no obligation cast by the statute on the party praying for the relief of dissolution of marriage that he/she should call upon ...
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