Thursday, May 1, 2025

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Allahabad HC quashed the 498a against accused when the improbable allegations like beating of all family members in their hometown by couple of people and reason for not getting medical examination was not justifiable.

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P&H HC denied maintenance to wife as there was a decree of Restitution of Conjugal Rights in favor of husband.

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HP HC held that if wife and adulterer were caught by relatives and then she wrote a confession, she can't later create an excuse that it was taken under Duress. Divorce Granted in favor of husband

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Cuttack HC denied custody to mother as the female child had grown comfortable to the surroundings & situations and disclocation would cause emotional distress. Custody to be with Father only

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P&H HC denied maintenance to wife and child when child was born long time after separation and even divorce

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P&H HC held that if wife levels allegations that husband is leading an adulterous life and is unable to prove it, it is cruelty towards husband and he is entitled for decree of divorce

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SC held that though financial resources could play a major role in deciding child custody, it can't be the sole consideration. Father granted custody as he could provide much needed stability for the child.

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Jharkhand HC denied maintenance to wife as husband was willing to keep her w/o any conditions but wife was not ready to live with him

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Karnataka HC ruled that though no claim is made against Adulterer in Divorce proceedings, he should be made necessary party, in whose absence the proceedings can't continue.

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SC said that welfare of minor is primary concern and on the basis of this alone court can grant or refuse custody to mother, father or any other guardian

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