Law Chambers of Amish Aggarwala

Husband claiming ₹11,000 income still ordered to pay ₹25,000 maintenance with 5% annual hike, Delhi High Court

The Delhi High Court has upheld an order directing a husband to pay ₹25,000 per month in maintenance ₹15,000 to his wife and ₹10,000 to their minor son along with a 5% annual increase.

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7 hours ago | [YT] | 439

Law Chambers of Amish Aggarwala

Magistrate cannot use police and collector simultaneously to recover maintenance, J&K High Court

The Jammu & Kashmir and Ladakh High Court has held that once a Magistrate sends a levy warrant to the District Collector for recovery of maintenance arrears, the Magistrate cannot simultaneously pursue another inconsistent recovery mechanism through the police.

The Court observed that after a warrant is issued to the Collector under Section 421(1)(b) CrPC, the recovery process is entrusted to the Collector in accordance with the statutory procedure.

In this case, despite having already adopted the Collector route, the Magistrate subsequently issued another levy warrant through the police. The High Court held that this exceeded the Magistrate’s jurisdiction.

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11 hours ago | [YT] | 153

Law Chambers of Amish Aggarwala

Wife’s qualifications and own income matter while fixing maintenance, High Court reduces amount

The High Court has reduced a wife’s interim maintenance from ₹30,000 to ₹25,000 per month, after taking into account her qualifications, independent income and the husband’s financial responsibility towards both children.

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16 hours ago | [YT] | 246

Law Chambers of Amish Aggarwala

Calling wife ‘Barren’ during matrimonial quarrel is not by itself 498A cruelty, Allahabad High Court

The Allahabad High Court has quashed criminal proceedings against a husband, holding that calling his wife “barren” during matrimonial disputes, though insensitive, would not by itself constitute cruelty under Section 498A IPC.

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1 day ago | [YT] | 392

Law Chambers of Amish Aggarwala

Prosecution must prove lack of consent even when intercourse is admitted, Punjab & Haryana HC.

The Punjab & Haryana High Court has held that even where an accused admits s*xual intercourse, the burden does not shift to him to prove that it was consensual.

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1 day ago | [YT] | 304

Law Chambers of Amish Aggarwala

DNA confirmed the parents, yet child declared ‘Abandoned’, Calcutta High Court steps in

The Calcutta High Court has quashed a Child Welfare Committee (CWC) order declaring a child abandoned and legally free for adoption despite DNA testing confirming the biological parents.

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1 day ago | [YT] | 215

Law Chambers of Amish Aggarwala

Voter list calling woman ‘wife’ does not prove valid hindu marriage, Patna High Court

The Patna High Court has held that merely showing a woman as someone’s “spouse” in an electoral roll does not by itself prove that a valid Hindu marriage was solemnised.

The Court observed that where the existence of marriage itself is disputed, the person asserting the marriage must prove that the necessary rites and ceremonies under Section 7 of the Hindu Marriage Act were actually performed.

In the case, the claimant could not satisfactorily establish when or where the alleged marriage took place, what ceremonies were performed, or provide convincing evidence regarding essential matrimonial rites.

The High Court also clarified that an earlier maintenance order under Section 125 CrPC does not conclusively establish the validity of the marriage.

The ruling makes clear that documents such as voter lists or similar public records may support a claim of relationship, but cannot replace proof of a legally valid marriage when solemnisation itself is specifically disputed.

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2 days ago | [YT] | 261

Law Chambers of Amish Aggarwala

Section 29 POCSO presumption does not arise automatically, Delhi High Court acquits man

The Delhi High Court has acquitted a man convicted under the POCSO Act, holding that the presumption under Section 29 does not automatically arise merely because an accused is facing trial under the Act.

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2 days ago | [YT] | 164

Law Chambers of Amish Aggarwala

Can marital discord be turned into a POSH case? Allahabad High Court to examine

The Allahabad High Court will examine whether a dispute arising essentially from marital discord between a husband and wife working in the same office can be brought under the POSH Act, observing that the legislation is “intended for a different purpose.”

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2 days ago | [YT] | 230

Law Chambers of Amish Aggarwala

Jharkhand High Court grants divorce, fixes ₹90 lakh permanent alimony for wife and children

The Jharkhand High Court has dissolved a marriage and directed the husband to pay ₹90 lakh as one-time permanent alimony, ₹40 lakh to the wife and ₹25 lakh each for their son and daughter.

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3 days ago | [YT] | 898