Divorce Lawyer

11/10/2022

Case Title: Pundlik Martandrao Yevatkar v. Sau. Ujwala @ Shubhangi Pundlik Yevatkar

Well qualified wife expressing desire to do job does not amount to cruelty.

The Bombay High Court recently comprising of a bench of Justices Atul Chandurkar and Urmila Joshi-Phalke held that a wife expressing a desire to work does not amount to cruelty under the Hindu Marriage Act.

04/10/2022

Wife uses RTI to get husband’s salary details

Can a wife use the Right to Information Act to seek details of her husband’s income? According to the Central Information Commission (CIC), the answer is 'yes'.

The appellate body recently directed the Income Tax Department to provide a woman with generic details of her husband’s net income. Details of the case, which is related to marital dispute, were shared by the Financial Express.

24/09/2022

24/09/2022

Wife who has forgone maintenance after divorce by mutual consent not entitled to it later:

Madras High Court
The Court said that Section 125(4) of the CrPC made it clear that if a woman was living separately from her husband based on mutual consent, she was not entitled to any maintenance.

23/09/2022

Case Title: Chanda v. Prakashsingh

Bench: Justices A.S.Chandurkar and Urmila Joshi-Phalke

Court Cannot Grant Divorce Without Disposing Maintenance Pendente Lite Application: Bombay HC

13/05/2022

Case Title: Prabha Tyagi vs Kamlesh Tyagi (2022)

The Supreme Court observed that every woman in a domestic relationship has a right to reside in the shared household even in the absence of any act of domestic violence.

She cannot be evicted, excluded or thrown out from such a household even in the absence of there being any form of domestic violence, the bench of Justices M R Shah and B V Nagarathna observed.

The Court added that such a right can be enforced under Section 17(1) of the Protection of Women from Domestic Violence Act, 2005, irrespective of whether she is an aggrieved person or not.

13/05/2022

Case Title: Prabha Tyagi vs Kamlesh Tyagi (2022)

The Supreme Court observed that every woman in a domestic relationship has a right to reside in the shared household even in the absence of any act of domestic violence.

She cannot be evicted, excluded or thrown out from such a household even in the absence of there being any form of domestic violence, the bench of Justices M R Shah and B V Nagarathna observed.

The Court added that such a right can be enforced under Section 17(1) of the Protection of Women from Domestic Violence Act, 2005, irrespective of whether she is an aggrieved person or not.

For details httpa://wa.me/919811999927

15/04/2022

Case Title: Pradeep Kumar Sharma v Smt Deepika Sharma

Dated: 15 April, 2022

The Delhi High Court has held that one or occasional acts of adultery committed in isolation does not amount to “living in adultery” and, therefore, does not disentitle a woman from maintenance after divorce.

Justice Chandra Dhari Singh, who was dealing with a challenge to a trial court directing the husband to pay monthly maintenance to the wife, stated that only continuous and repeated acts of adultery by the wife would attract the legal exception to the...

26/03/2022

Case Title: Malancha Mohinta v. Dipak Mohinta

Letter Written To Husband's Superior In Good Faith Intimating Him About Criminal Complaint Lodged U/S 498A CrPC Does Not Constitute Criminal Defamation: Calcutta HC

24/03/2022

What Delhi High Court Said On False Accusations Of Extra-Marital Affairs?

"It has repeatedly been held that accusations of unchastity or extra-marital relationship is a grave assault on character, status, reputation as well as health of the spouse against whom such allegations were made. It causes mental pain, agony, suffering and tantamounts to cruelty. The allegations of extra-marital affairs in a relationship are serious allegations, which have to be made with all seriousness. The tendency of making false allegations has to be deprecated by the courts," a bench of Acting Chief Justice Vipin Sanghi and Dinesh Kumar Sharma said in a judgement passed on March 21.

11/02/2022

https://advocateneha.in/ex-parte-decree-of-restitution-of-conjugal-rights-does-not-affect-maintenance-payable-to-wife-tripura-high-court/

Ex-parte Decree of Restitution of Conjugal Rights Does Not Affect Maintenance Payable to Wife – Tripura High Court Case Title: Sanjita Roy vs Swapan Ch. Das In the above titled case, the Tripura High Court recently ruled that an ex-parte decree of conjugal rights obtained by a husband shall not af...

19/01/2022

https://advocateneha.in/sc-maintenance-to-be-awarded-from-the-date-of-filing-application/

SC : Maintenance to be awarded from the date of filing Application CASE TITLE – RAJNESH V NEHA DATE – 4 NOVEMBER, 2020 In the above mentioned case, the Supreme Court bench consisting of Justice Indu Malhotra & Justice R Subhash Reddy observed that maintenance that is claimed as a right under all...