The legality of a matrimonial proceeding initiated by the wife before a family court in India invoking the provisions of theHindu Marriage Actagainst her Hindu husband having his domicile in New Jersey in the United States of America is the substantial issue raised in this writ appeal. 2. The appeal is directed against the order dated 18 August, 2008 in…

The Punjab and Haryana High Court upheld the order of the JMFC court which awarded Rs. 40,000/- per month  to the wife who filed an interim maintenance application u/s. 20 of the Protection of Women from Domestic Violence Act, 2005. Click here

  Constitutional provisions   Preamble We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC, and to secure to all its citizens:   Justice, Social, Economic, and Political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; And to promote among them all Fraternity assuring the dignity…

In the judgement of Yashitasahu v/s state of Rajasthan In which husband and wife who resided in The USA filed a divorce case in which Joint custody of the child was given to both husband and wife to stay with the child for alternate periods. The wife bought the child to India and filed for sole custody proceeding in theRajasthan…

The Bombay High Court in a first of its kind judgement, has contravened the rights of social media influencers and put a cap on their free speech. Rightfully, the Bombay High Court has decided that Social Media Influencers in Today’s social climate have a lot of followers so they do not have unlimited right to publish content without any kind…

In a case of drunken driving, blood alcohol level is crucial evidence that is required in order to determine the drunkenness of an individual. But can someone be compelled to give their blood sample or is it violative of the constitutional principle of not being a witness unto himself or the right against self incrimination? “this Court finds that Art.20…

The Husband was denied his Divorce Petition in the High Court stating that mere submission of an FIR by wife and a complaint made by her in court does not entitle the husband to a divorce. However, when the Husband appealed the same to the Supreme Court, it was held that: The above observation of the High Court cannot be…

The Delhi HC defined the difference between ‘Capable of earning’ and ‘Actually Earning’ The wife, being a lawyer, and enrolled in the year 2000, was capable of earning, contended the Husband in the Delhi High Court. The wife claimed that she had worked only prior to the marriage and on account of their small child, she had not worked thereafter.…

U/S. 304 IPC, the Supreme Court has held that: a three judge bench had held that any money or property or valuable security demanded by any of the persons mentioned in Section 2 of the Dowry Prohibition Act, at or before or at any time after the marriage which is reasonably connected to the death of a married woman, would…

Wherein a woman wanted to claim the property of the deceased and the validity of her marriage came into question, it was held that a mere registration of agreement of marriage without fulfilling the Saptpadi u/s. 7 of the Hindu Marriage Act, 1955 cannot be a valid marriage and an agreement of marriage is not valid proof of marriage. The…