Law Chambers of Amish Aggarwala

Woman remarries while divorce case pending, court issues arrest warrant

A matrimonial dispute from Madhya Pradesh has taken a dramatic turn after a woman allegedly remarried while her divorce case from her first husband was still pending before the Family Court.

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2 hours ago | [YT] | 194

Law Chambers of Amish Aggarwala

Man sought ₹1.5 crore value of donated kidney in divorce settlement

A New York doctor made headlines after seeking the return of a kidney he had donated to his wife or alternatively, compensation of about $1.5 million during their divorce proceedings.

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17 hours ago | [YT] | 701

Law Chambers of Amish Aggarwala

Woman who concealed existing marriage can't claim maintenance under section 125 CrPC, Bombay High Court

The Bombay High Court has held that a woman whose marriage is declared null and void because she concealed the existence of her earlier subsisting marriage is not entitled to claim maintenance as a "wife" under Section 125 CrPC. The Court observed that the beneficial object of the maintenance law cannot extend to cases involving concealment and fraud.

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22 hours ago | [YT] | 250

Law Chambers of Amish Aggarwala

Parents supporting wife doesn't relieve husband of maintenance duty, Allahabad High Court

The Allahabad High Court has held that a husband's legal obligation to maintain his wife cannot be avoided merely because her parents are supporting her during difficult times. The Court observed that parental assistance is only temporary and does not extinguish the husband's statutory duty under Section 125 CrPC.

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1 day ago | [YT] | 307

Law Chambers of Amish Aggarwala

Stridhan recovery can't be ground to deny anticipatory bail in matrimonial dispute, Thane Court

A Thane Sessions Court has granted anticipatory bail to a husband, his father and his brother in a matrimonial dispute, observing that allegations relating to money and stridhan cannot, by themselves, justify denial of anticipatory bail. The Court held that criminal proceedings cannot be used as a tool for recovery of property and that disputes over stridhan are not sufficient grounds to refuse pre-arrest protection.

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2 days ago | [YT] | 283

Law Chambers of Amish Aggarwala

Magistrate can use BNSS search powers to recover child forcibly taken away by father, Bombay High Court

The Bombay High Court has held that a Magistrate can invoke the search provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to recover a child who has been forcibly taken away by one parent. The Court clarified that such powers can be exercised even in custody disputes where the child has been removed through force or intimidation.

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2 days ago | [YT] | 352

Law Chambers of Amish Aggarwala

CWC can't take custody of adopted child without jurisdiction, Bombay High Court

The Bombay High Court has held that a Child Welfare Committee (CWC) has no authority to take custody of an adopted child who is neither an orphan, abandoned, nor a child in need of care and protection under the Juvenile Justice Act. Declaring the CWC's action illegal, the Court ordered that the child be immediately restored to her adoptive parents.

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2 days ago | [YT] | 231

Law Chambers of Amish Aggarwala

Courts can't presume bride handed over gold to husband based on social customs, Kerala High Court

The Kerala High Court has held that courts cannot presume a bride entrusted her gold ornaments or money to her husband or in-laws merely because it was a common social practice. The Court ruled that such claims must be supported by oral, documentary or circumstantial evidence showing that the gold or money was actually entrusted and later misappropriated.

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3 days ago | [YT] | 406

Law Chambers of Amish Aggarwala

SC flags trend of wives complaining to husbands' employers during matrimonial disputes, refers matter to mediation

The Supreme Court has orally expressed concern over the growing practice of spouses writing to their husband's employers during matrimonial disputes, observing that such complaints may cost the husband his livelihood and ultimately affect maintenance proceedings.

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3 days ago | [YT] | 619

Law Chambers of Amish Aggarwala

Husband can't avoid maintenance by claiming unemployment, must find work or better-paying job, Karnataka High Court

The High Court has held that an able-bodied husband cannot escape his legal duty to maintain his wife and child by claiming he is unemployed or earns too little. If he has no job, he must find one, and if his salary is insufficient, he must seek better-paying employment.

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3 days ago | [YT] | 677