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Articles for Matrimonial Home

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 5 days ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Court Case Ipc Matrimonial Home
Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 5 days ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

Court Matrimonial Case Ipc Calcutta Filed Wife
"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
3 months, 2 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

Constitution Court Habeas Corpus Custody Writ Personal Liberty His Daughter
Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC
3 months, 2 weeks ago

Widowed Daughter-in-law Not Required to Live in Matrimonial Home for Maintenance: Allahabad HC

News 18  

In a significant ruling, the Allahabad High Court held that under the Hindu Adoptions and Maintenance Act, 1956, it is not mandatory for a widowed daughter-in-law to reside in her matrimonial home to claim maintenance from her father-in-law. “Merely because the lady may have made that choice may neither lead us to the conclusion that she had separated from her …

Court Her Father Her Matrimonial Home Maintenance Allahabad Matrimonial Home Widowed Daughter
Matrimonial Home Can't Be Built With Bricks & Stones But With Love, Respect & Care Between Spouses: Chhattisgarh High Court
7 months, 3 weeks ago

Matrimonial Home Can't Be Built With Bricks & Stones But With Love, Respect & Care Between Spouses: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently observed that a matrimonial home cannot be constructed merely with bricks and stones, but rather, it is the elements of love, respect, and care exchanged between spouses that lay the foundation of such a home. A bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal observed this while dismissing a first appeal moved by Sarojlata …

High Court Matrimonial Respondent Her Husband Husband Appellant Matrimonial Home
Delhi HC grants man divorce over wife repeatedly leaving matrimonial home
8 months, 2 weeks ago

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home

Hindustan Times  

NEW DELHI: A woman repeatedly leaving her matrimonial home for no fault attributable to the husband amounts to cruelty, a ground for divorce, the Delhi high court said in a recent verdict granting divorce to the couple. In its 23-page verdict, a bench of justices Suresh Kumar Kait and Neena Bansal Krishna allowed the husband’s petition against the family court’s …

Delhi Court Divorce Matrimonial Hc Grants Husband Wife
Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court
1 year, 1 month ago

Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court

Live Law  

The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation. Referring to a 3-judge bench decision in Rupali Devi v. State of U.P., 5 SCC 384, the court observed “The Courts at the …

Rajasthan Supreme Court Court Wife Matrimonial Home Chirawa
Woman’s Suicide In Matrimonial Home Doesn’t Automatically Make Husband, In-Laws Liable For Harassment, Abetment: Punjab & Haryana High Court
1 year, 5 months ago

Woman’s Suicide In Matrimonial Home Doesn’t Automatically Make Husband, In-Laws Liable For Harassment, Abetment: Punjab & Haryana High Court

Live Law  

Observing that a woman's suicide in matrimonial home in itself does not make her in-laws and husband liable for harassment and abetment to commit suicide, the Punjab & Haryana High Court has upheld the acquittal of accused in a 2002 abetment to suicide case. The prosecution is obliged to prove and lead sufficient evidence capable of suggesting that the accused …

Court Suicide Abetment Haryana Accused Demand Her Husband
Orissa High Court Quarterly Digest: January-March, 2023
1 year, 8 months ago

Orissa High Court Quarterly Digest: January-March, 2023

Live Law  

Animesh Chakraborty v. State of Odisha, 2023 LiveLaw 1 2. While rejecting a revision petition praying to drop the proceedings, the Single Judge Bench of Justice Sashikanta Mishra observed, “After perusing the complaint petition, this Court is of the considered view that some allegations have been made undoubtedly in general terms but then it is not expected of the complainant …

Justice Odisha Writ Petition Spa Court Domestic Violence Criminal Procedure
No Desertion/Cruelty If Wife Visits Her Parents' House Frequently Without Taking Husband's Consent: Allahabad High Court
2 years, 6 months ago

No Desertion/Cruelty If Wife Visits Her Parents' House Frequently Without Taking Husband's Consent: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the act of the wife in visiting her parents house frequently without taking consent of her husband and other family members can neither constitute the offence of desertion nor amounts to cruelty.The Bench of Justice Sunita Agarwal and Justice Krishan Pahal observed thus as it allowed an appeal filed by the Appellant/wife challenging …

Family Court House Respondent Daughter Act Filed
DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC
2 years, 7 months ago

DV Act | Visits Of Sundry Family Members To Matrimonial Home Without Permanency Would Not Render Them As Members Of Shared Household: Delhi HC

Live Law  

The Delhi High Court has observed that the visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as shared household, would not render them as members of the "shared household" under Domestic Violence Act. Justice Prateek Jalan observed thus: "Just as the woman living fleetingly or casually at different places, would …

Household Court Order Respondent Sec Members Shared
'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'
2 years, 10 months ago

'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'

Live Law  

The Supreme Court dissolved marriage on the ground of desertion observing that the 'wife' has not pleaded and established any reasonable cause for remaining away from her matrimonial home.The petition filed by the 'husband' on the grounds of cruelty and desertion was dismissed by the District Court. The Supreme Court dissolved marriage on the ground of desertion observing that the …

Marriage Court Matrimonial Cause Husband Spouse Her Matrimonial Home
No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC
2 years, 10 months ago

No Desertion If Wife Leaves Marital Home On The Ground That Husband Keeps 'Concubine': Chhattisgarh HC

Live Law  

In a significant order, the Chhattisgarh High Court has observed that if a wife leaves her matrimonial home due to the fact that her husband keeps another lady, and inflicts physical and mental torture upon her, then it cannot be presumed as desertion on the part of the wife.With this observation, the Bench of Justice Goutam Bhaduri and Justice Rajani …

Court Her Husband Husband Wife Lady Her Matrimonial Home Desertion
Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC
3 years, 1 month ago

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

Live Law  

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …

Eviction House Her Son Citizens Act Senior Court Order
Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court
3 years, 4 months ago

Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court

Live Law  

The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava observed thus: "In view of …

Court Habeas Corpus Writ His Wife Husband Habeas Corpus