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Cause Title: A v. B (Case No.: C.R.R. 770 of 2024) While asking a man to pay higher amount of maintenance to his estranged wife, the Calcutta High Court has observed that the actual income of an individual would be very different from the figures shown in the income tax return and this is why the Courts often look beyond I.T. returns while determining the income of a person, especially in proceedings such as maintenance cases. The High Court was considering the Revision Application preferred by the wife/petitioner assailing the order passed under Section 127 of the Code of Criminal Procedure (CrPC), reducing the quantum of maintenance from Rs. 30,000 to the tune of Rs. 20,000 per month. Another application was filed by the husband assailing the same order, seeking a further reduction in the quantum of maintenance from the tune of Rs. 20,000 and also with respect to the date of effect, which should have been from the date of retirement of the estranged husband. Noting that the husband h...
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X v. Y, Family Court Appeal No. 53 of 2021, decided on 17-7-2025 Bombay High Court: In the present appeal, the appellant-wife challenged the judgment passed by the Family Court on 28-11-2019, whereby her petition for the restitution of conjugal rights was dismissed and the counterclaim of the respondent-husband for divorce was allowed and the divorce was granted. The Division Bench of Revati Mohite Dere and Dr. Neela Gokhale*, JJ., opined that the wife’s behaviour with his husband’s employees, humiliating him in front of his friends, refusing sexual relations, and accusing him of extra-marital affairs were all instances of ‘cruelty’ that her husband was subjected to. The Court dismissed the appeal and held that the judgment passed by the Family Court was well-reasoned because the wife subjected her husband to cruelty and had deserted him. Divorce on the ground of cruelty Restitution of conjugal rights Right to residence order Interim maintenance case lawyer in karkardooma Court Delhi I...

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Sachin Arora v. Manju Arora, decided on 10-5-2023 Delhi High Court: In a case wherein the petitioner challenged the orders passed by the Family Court wherein the application preferred by the respondent for summoning the CCTV footage, booking details and reservation records of the said room in Hotel Fairmont, a Single Judge Bench of Rekha Palli, J.* observed that the respondent was the estranged wife of the petitioner who had no direct evidence of her husband indulging in acts of adultery and by resort to Section 14 of the Family Courts Act, 1984 (‘FCA’), she was, only trying to seek production of evidence which she reasonably believed would prove her charge of adultery which by its very nature could be inferred only from circumstances. The Court further opined that the Family Court by way of the impugned orders had sought records which pertained only to the respondent’s husband and not to his friend or her daughter. Therefore, there was no question about their right of privacy being vi...

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi +91 85957 22509 Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi +91 85957 22509 Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi +91 85957 22509 X v. Y, Crl. Rev. P. No. 622 of 2024, decided on 15-7-2025. Delhi High Court: In a criminal revision petition filed by the petitioner-husband for setting aside the judgment dated 6-4-2024 (impugned judgment), wherein the Additional Sessions Judge had directed payment of Rs. 1 lakh per month as maintenance, a Single Judge Bench of Dr. Swarana Kanta Sharma, J., while upholding the impugned judgment, had stated that the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) did not distinguish between first and subsequent marriage for purposes of entitlement to maintenance. Background The wife (respondent) had filed a complaint under Section 12 of the DV Act, seeking reliefs under Section...

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi +91 85957 22509 Denial of physical relationship to husband & suspecting him of an extra-marital affair amounts to cruelty & is hence a ground for divorce, the Bombay High Court held while refusing relief to a woman challenging a Family Court's Divorce Order. A division bench of Justice Revati Mohite Dere & Justice Neela Gokhale on Thursday said the woman's conduct can be construed as "cruelty" against her husband. The Court dismissed the woman's petition challenging a family court order allowing the man's plea for divorce. The woman had also sought direction to her husband to pay her a monthly maintenance of Rs 1 lakh. The couple got married in 2013, but started living separately in December 2014. In 2015, the man approached the family court in Pune seeking divorce on the grounds of cruelty, which was granted. The woman, in her plea, stated that her in-la...

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi +91 85957 22509 Parvati v. Vyankat, Writ Petition No. 6529 of 2025, decided on 15-7-2025 Bombay High Court: The present writ petition was filed by the biological mother (Petitioner) of a five and half year-old daughter, challenging the rejection of her interim custody application by the District Judge. A Single Judge Bench of S.G. Chapalgaonkar, J., allowed the petition and granted interim custody of the minor girl to the mother, holding that under Section 6(a) of the Hindu Minority and Guardianship Act, 1956 (the ‘Act of 1956’), the mother was the natural guardian after the father’s death, unless it was established that she had an adverse interest or was incapable of securing the welfare of the minor. Decision: The Court acknowledged that while the child had been in the custody of the respondents for almost the last four years, despite that, the Court had to primarily look for the welfare of the child. ...