No spouse expected to remain in marriage at risk of malicious prosecution: HC
4 months ago

No spouse expected to remain in marriage at risk of malicious prosecution: HC

Hindustan Times  

PRAYAGRAJ: The Allahabad high court, while setting aside the decision of the lower court, has held that no spouse is expected to remain in a marriage under the risk of false criminal prosecution. Allowing a first appeal filed by Basant Kumar Dwivedi, a division bench comprising justice Saumitra Dayal Singh and justice Donadi Ramesh set aside the order dated July 23, 2010, passed by the district judge, Ballia, whereby the court dismissed the divorce suit filed by the appellant husband. The court also set aside the judgment and order dated July 23, 2010, passed by the additional district judge whereby the court below had decreed the suit proceeding and granted restitution of conjugal rights. While dissolving the marriage between the parties, the Allahabad high court said that the decision was made based on proven facts.

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History of this topic

Exploitation, financial crises make matrimonial proceedings difficult for wives and children: Allahabad HC
1 month, 3 weeks ago

Exploitation, financial crises make matrimonial proceedings difficult for wives and children: Allahabad HC

Hindustan Times  

The Lucknow bench of the Allahabad high court observed that in matrimonial proceedings, wives and children often face greater financial crises compared to husbands, as they have limited support from family or income. Lucknow bench of Allahabad High Court A division bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla passed the judgment on November 11, 2024, while dismissing …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
3 months, 4 weeks ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
4 months, 1 week ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
5 months, 4 weeks ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC
6 months, 2 weeks ago

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC

Live Law  

While setting aside a conviction in a sexual harassment case, the Madras High Court recently observed that when the victim already knew that the accused was a married man and father of a child, she could not allege that the consent was obtained on a false promise of marriage. The court noted that the prosecution had failed to prove that …

Allahabad HC rules against legal rights for Muslims in live-in relationships when having spouse | DETAILS
8 months ago

Allahabad HC rules against legal rights for Muslims in live-in relationships when having spouse | DETAILS

India TV News  

The Allahabad High Court on Wednesday stated that Muslims cannot assert rights in a live-in relationship if they have a spouse, as such a relationship contradicts Islamic principles. The couple sought protection from police action after Sneha Devi's parents filed a kidnapping case against Khan. They also sought protection of their lives and liberty, citing their status as adults and …

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law
10 months, 1 week ago

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law

Op India  

On 23rd February 2024, the Allahabad High Court ruled that it cannot protect the live-in relationship of a legally wedded Muslim woman with another man, as this amounted to a crime according to Sharia. Justice Renu Agarwal gave this verdict on a plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against threats …

Allahabad High Court Annual Family Law Digest 2023
11 months, 3 weeks ago

Allahabad High Court Annual Family Law Digest 2023

Live Law  

LiveLaw brings to you Allahabad High Court Digest on Family law cases from the year 2023. While observing thus, the bench of Justice Raj Beer Singh set aside an order of the Family Court whereby the plea filed by one Shakila Khatun, a divorcee, under Section 125 CrPC was dismissed by holding that a divorced Muslim woman is not entitled …

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC
1 year, 1 month ago

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC

Hindustan Times  

While acquitting a man of the charges under section 377 of the Indian Penal Code for allegedly committing an “unnatural offence” against his wife, the Allahabad high court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more. While partly allowing a revision petition filed by …

‘Live-in relationship cannot provide stability, security’, says Allahabad HC
1 year, 4 months ago

‘Live-in relationship cannot provide stability, security’, says Allahabad HC

Live Mint  

The Allahabad High Court has stated that live-in relationships do not offer the same level of security, societal approval, advancement, and stability as traditional marriage does in this country. Then she somehow tries to get her live-in relationship with the male partner get converted into the relationship of marriage having social sanction," the court said. “Live-in relationship shall only be …

Live-in relationship cannot provide stability, security and social acceptance: Allahabad High Court
1 year, 4 months ago

Live-in relationship cannot provide stability, security and social acceptance: Allahabad High Court

India TV News  

Allahabad HC on live-in relationship: The Allahabad High Court has observed that live-in relationships cannot provide security, social acceptance, progress and stability that the institution of marriage provides to a person in this country and women especially face social ostracisation in case of a breakup. Then she somehow tries to get her live-in relationship with the male partner get converted …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 8 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry
2 years ago

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. It may be noted the accused-Pintu Kumar has been accused of luring the victim, a physically challenged lady having no legs, to have sex with him by extending a false promise to …

"Two Consenting Adults' Yearning To Find Love Can't Be Interfered With By Anyone": Allahabad High Court Unites Husband-Wife
2 years, 2 months ago

"Two Consenting Adults' Yearning To Find Love Can't Be Interfered With By Anyone": Allahabad High Court Unites Husband-Wife

Live Law  

The Allahabad High Court has observed that the choice of a life partner, the desire for personal intimacy, and the yearning to find love and fulfillment in a human relationship between two consenting adults cannot be interfered with by any other person.With this, the bench of Justice Sanjay Kumar Singh allowed a Habeas corpus plea filed by a husband after …

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner
2 years, 5 months ago

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner

Live Law  

The Allahabad High Court on Monday dismissed a protection plea filed by a married woman and her live-in partner with a cost of Rs.5,000 as it noted that the petitioners had failed to demonstrate that they were facing any threat from the husband of the woman.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that …

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea
3 years, 1 month ago

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea

Live Law  

The Allahabad High Court recently dismissed a habeas corpus plea filed by a father seeking the production of his daughter and a direction to set her free from the illegal detention of a man, a Hindu by religion.Taking into account the apprehension of the father regarding communal tension in the garb of a threat, if the alleged detenue is not …

Dating Sites Not An Indication To Have A Judgment On Someone's Virtues: Allahabad HC In Alleged Case Of Sex On False Marriage Promise
3 years, 2 months ago

Dating Sites Not An Indication To Have A Judgment On Someone's Virtues: Allahabad HC In Alleged Case Of Sex On False Marriage Promise

Live Law  

While denying anticipatory bail to a rape accused, who allegedly establish a physical relationship with the victim on the false promise of marriage, the Allahabad High Court recently observed that dating sites are not an indication to have a judgment on anybody's virtues. Merely, two adults meet on a dating site, and on the third day of meeting him, exchange …

"Live-In Partners Living Lustful & Adulterous Life Sans Obtaining Divorce From Their Spouses": P&H HC Dismisses Protection Plea
3 years, 3 months ago

"Live-In Partners Living Lustful & Adulterous Life Sans Obtaining Divorce From Their Spouses": P&H HC Dismisses Protection Plea

Live Law  

The Punjab & Haryana High Court recently dismissed a protection plea filed by a live-in couple observing that they both are in living a lustful and adulterous life with each other without obtaining a divorce from their respective spouses.The Bench of Justice Arvind Singh Sangwan was dealing with a plea filed by a live-in couple who submitted that they both …

'Sex with wife, even if by force, not rape': Chhattisgarh High Court
3 years, 4 months ago

'Sex with wife, even if by force, not rape': Chhattisgarh High Court

Op India  

The Chhattisgarh High Court has upheld a man’s acquittal on charges of marital rape, ruling that sexual intercourse between legally married men and women is not rape, even if it is forced or against the wife’s wishes. During the hearing of the case pertaining to the issue of “marital rape”, the Chhattisgarh High Court observed that if the wife is …

Married Woman Living with Another Sans Divorce Not Entitled for Protection: Allahabad HC
3 years, 11 months ago

Married Woman Living with Another Sans Divorce Not Entitled for Protection: Allahabad HC

News 18  

The Allahabad High Court has ruled that a married woman living with another person without divorcing husband will not be entitled for protection from the court. Petitioners Asha Devi and Suraj Kumar had moved the court contending that they both are adults "living as husband and wife", and so no one should interfere in their lives. Opposing the petition, the …

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]
4 years, 10 months ago

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Tuesday held that where a man and a woman, during the subsistence of their marriages to other persons, reside as a live in couple, they will not be entitled to any protection under the law. While dismissing the writ petition moved by a live in couple, who "candidly" stated that they had married to other …

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