Law Chambers of Amish Aggarwala

The Supreme Court of India has quashed criminal proceedings against an advocate accused of r*ping a married woman colleague on the false promise of marriage, holding that it is difficult to accept such an allegation when the complainant herself had a subsisting marriage.

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4 hours ago | [YT] | 266

Law Chambers of Amish Aggarwala

The Supreme Court of India has held that a husband cannot evade or reduce his maintenance obligation on the ground that his former wife is educated or supported by her parents. Emphasising that maintenance is meant to secure dignity and a standard of living comparable to that enjoyed during marriage, the Court enhanced the wife’s permanent alimony.

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18 hours ago | [YT] | 540

Law Chambers of Amish Aggarwala

The Telangana High Court has held that marriage by itself does not create any presumption of joint ownership over immovable property, and a spouse claiming a share must prove financial contribution with cogent evidence.

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20 hours ago | [YT] | 381

Law Chambers of Amish Aggarwala

The Delhi High Court has held that a husband who secured divorce on the ground of his wife’s mental illness cannot later deny maintenance by arguing that she is educated and capable of earning.

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1 day ago | [YT] | 345

Law Chambers of Amish Aggarwala

Mere death within seven years of marriage not enough to presume dowry death, MP High Court

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1 day ago | [YT] | 323

Law Chambers of Amish Aggarwala

The Madhya Pradesh High Court has held that the statutory presumption of dowry death under Section 113B of the Indian Evidence Act cannot be invoked merely because a woman died within seven years of marriage, unless there is clear and credible proof of cruelty or harassment for dowry.

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1 day ago | [YT] | 318

Law Chambers of Amish Aggarwala

Maintenance denied when wife’s actions affect husband’s earning capacity

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1 day ago | [YT] | 698

Law Chambers of Amish Aggarwala

The Allahabad High Court has held that a wife cannot claim maintenance if her own actions, or those of her family, have directly contributed to the husband’s incapacity to earn a livelihood.

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2 days ago | [YT] | 1,203

Law Chambers of Amish Aggarwala

The Kerala High Court has held that a wife who is found to have deserted her husband is not entitled to claim past maintenance for the period during which she lived separately from him.

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2 days ago | [YT] | 556

Law Chambers of Amish Aggarwala

An Indian woman has approached the Supreme Court of India under Article 32 of the Constitution seeking to restrain divorce proceedings initiated by her husband before a Family Court in the State of Rhode Island, United States, contending that the foreign action is without jurisdiction and violates her fundamental rights.

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2 days ago | [YT] | 415