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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi The Allahabad High Court has held that if the application has been filed under Section 125 CrPC by an unmarried daughter after attaining majority, it can be converted into a suit under Section 20 of the Hindu Adoption and Maintenance Act, 1956 and after dealing with the application as suit for maintenance and adopting the procedure as prescribed under the provision of Hindu Adoption and Maintenance Act, the Court can order for maintenance to avoid multiplicity of suits. The Criminal Revision was filed against the order passed in a case registered under Section 125 of the Criminal Procedure Code (CrPC) by the Principal Judge, Family Court, District Sultanpur. The Single Bench of Justice Rajnish Kumar stated, “In view of above, it cannot be di...

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Ravi Prakash Saxena v. Priyanka Rani, Criminal Revision No. 676 of 2024, decided on 04-09-2025 Patna High Court: In a criminal revision petition filed by the petitioner challenging a final order of maintenance passed by the learned Principal Judge, Family Court, a Single-Judge Bench of Bibek Chaudhuri, J., while quashing and setting aside the maintenance order, held that the trial court failed to consider suppression of material facts, income of the parties, their source of income, their assets and liabilities and other similar factors, which are required to be considered for determination of maintenance allowance. Background The instant petition was filed by the petitioner challenging an order dated 24-05-2024, which directed him to pay mai...

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi The Bombay High Court has held that while questions of child custody must usually be decided under the Guardians and Wards Act, 1890, a writ of habeas corpus is maintainable in exceptional circumstances. The Court was hearing a habeas corpus petition filed by the biological father of five-year-old twins, seeking custody of one child who had been residing with his grandmother since birth. The petition arose amidst parallel proceedings pending before the Family Court under the Guardians and Wards Act, 1890. A Division Bench comprising Justice Ravindra V. Ghuge and Just...

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Recently, the  Delhi High Court  modified a Family Court order which had directed a husband to pay ₹25,000 per month as maintenance to his estranged wife and minor child. The High Court reduced the amount to ₹ 17,500, holding that maintenance must be fixed in a balanced manner,  adequately supporting the wife and child while accounting for the husband’s financial obligations. Brief Facts : The case arose out of a matrimonial dispute between Ankush Kumar Parashar and his wife, Sapna @ Mona, who married in 2017. The couple has one son, born in 2018, currently residing with the mother. Alleging harassment and ill-treatment, the wife left the matrimonial home and later filed a petition under  Section 125 CrPC , see...

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Allahabad High Court: In a writ petition filed by the Head of the Department (‘HOD’) of Zoology at the Hindu College, seeking directions to the Trial Court to commence the proceedings in a criminal case filed under Sections 498A, 504, 506, 323 of the Penal Code, 1860 (‘IPC’), read with Section 3/4 of the Dowry Prohibition Act, 1961 (‘DPA’) as well as expeditious disposal of another complaint case pending before the Additional Civil Judge (Junior Division) (‘ACJ’) / Additional Chief Judicial Magistrate (‘ACJM’), Moradabad, the Single Judge Bench of Vinod Diwakar, J., stated that after the considerable lapse of more than two decades since the initial FIR was registered, it was regrettable that the Trial Court had failed to commence or conduct any effective proceedings in the matter. Accordingly, the Court held that such judicial inertia demanded its urgent intervention and issued a slew of directions for the speedy disposal of the criminal cases. After hearing the wife in person, the Cou...

Exercising its extraordinary powers under Article 142 of the Constitution, the Supreme Court brought a 16-year marital battle to a close, declaring the union irretrievably broken and directing payment of ₹1.25 crore in alimony to safeguard the wife and child. A division bench of Justice Vikram Nath and Justice Sandeep Mehta allowed the appeal filed by the Appellant, overturning the Madras High Court’s 2018 decision that had reinstated his marriage with the Respondent. The Apex court found that the relationship had “no vestige of matrimonial relationship” left, with the parties having lived apart since 2010 and the husband having remarried in 2017. The case arose from a petition instituted by the husband in 2012 under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the grounds of cruelty and desertion. The Family Court granted a divorce on the grounds of cruelty. However, the Madras High Court, in 2018, reversed the decree, holding th...

THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA  AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO IA.No.1 of 2025 IN/AND FAMILY COURT APPEAL No.195 OF 2024 The Telangana High Court dismissed a woman's appeal seeking divorce claiming 'marriage fraud', after noting that she was unable to prove the allegation that her husband was impotent at the time of marriage and had concealed his medical condition before marriage. The court observed that if the wife never informed her parents, in-laws about her husband's alleged impotency and inability to perform marital obligations, instead she joined him in USA where they were living after marriage. The court dismissed the woman's (appellant) appeal against a trial court order dismissing her plea seeking divorce on ground that her husband (respondent) cannot perform sexual intercourse due to erectile dysfunction, nullity of marriage, cruelty, and further seeking permanent alimony of ₹90 Lakh. A division bench of Justice Moushumi Bhattachary...

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi The Division Bench of Renu Bhatnagar* and Navin Chawla JJ., stated that the complaints made by wife to her husband’s employer, especially those involving unsubstantiated claims of adultery, could not be treated to address the issues of any wrong done to her, as the husband’s employer had nothing to do with all such wrongs. The Court stated that irrespective of the merits of these complaints, making such derogatory and defamatory remarks in the form of complaints to the spouse’s employer were nothing but cruelty. Thus, the Court stated that there was no infirmity in the impugned judgment passed by the Family Court and accordingly, dismissed the appeal.  A v. B, MAT.APP.(F.C.) 160 of 2025 Advocate Devashish Maharishi | Best divorce case la...

Top divorce case lawyer- Leading Divorce Case Lawyer Advocate Devashish Maharishi is one of the most distinguished, best and result-oriented divorce lawyers in Delhi, New Delhi,South Delhi, Karkardooma, Tis Hazari, Patiala house, Rohini and Dwarka Court. With over 15 years of specialized experience in family and matrimonial law, Advocate Devashish Maharishi has built a reputation for excellence, discretion, and unwavering client advocacy. Known for handling complex divorce cases involving high net-worth individuals, child custody battles, property division, and alimony disputes, Advocate Devashish Maharishi combines deep legal knowledge with strategic negotiation and courtroom expertise. His commitment to achieving the best outcomes—while minimizing emotional and financial stress—has earned them recognition from both clients and peers. Whether through mediation or litigation, he is trusted for providing compassionate counsel and fierce representation, making them a go-to choice for tho...

सुप्रीम कोर्ट ने कहा कि पहले तलाक के बाद प्राप्त गुजारा भत्ता, दूसरे विवाह के तलाक के बाद देय गुजारा भत्ता निर्धारित करने में प्रासंगिक कारक नहीं है। न्यायालय ने पति के इस तर्क को खारिज कर दिया कि पत्नी गुजारा भत्ता पाने की हकदार नहीं है, क्योंकि उसे अपने पहले तलाक से उचित समझौता मिला था। न्यायालय ने कहा, "अपीलकर्ता-पति का दावा है कि दूसरी प्रतिवादी-पत्नी को पहले तलाक से गुजारा भत्ता के रूप में उचित समझौता मिला था; जो, जैसा कि हम शुरू में पाते हैं, वर्तमान विवाद के निर्णय में अप्रासंगिक है...प्रतिवादी द्वारा अपने पहले विवाह के विघटन पर प्राप्त गुजारा भत्ता प्रासंगिक विचारणीय नहीं है।" न्यायालय ने यह टिप्पणी संविधान के अनुच्छेद 142 के तहत अपनी शक्तियों का प्रयोग करते हुए की, जो अपरिवर्तनीय विघटन के आधार पर विवाह को भंग करने के लिए है। चीफ जस्टिस ऑफ इंडिया (सीजेआई) बीआर गवई और जस्टिस के विनोद चंद्रन की खंडपीठ मुख्यतः पति द्वारा दायर याचिका पर सुनवाई कर रही थी, जिसमें पत्नी द्वारा उसके खिलाफ घरेलू क्रूरता का आरोप लगाते हुए भारतीय दंड संहिता (IPC) की धारा 498ए के तहत दायर आपराधिक...

Cause Title: X V. State & Anr (Neutral Citation: 2025:DHC:6114) The Delhi High Court observed that merely because the wife failed to provide the exact date and time of the alleged tortures does not tantamount to mean that the domestic violence case of the wife is without any basis. A petition was filed by the wife challenging the setting aside of the order granting maintenance of Rs. 4,000/- per month each to the wife and her minor child. The Bench of Justice Amit Mahajan observed, "It is pertinent to note that the case of the petitioner was brushed aside on the ground that the petitioner had failed to provide the exact date and manner of physical cruelty/harassment. However, merely because the petitioner failed to provide the exact date and time of the alleged tortures does not tantamount to mean that the case of the petitioner is without any basis." Court's Analysis The Delhi High Court noted that the DV Act was enacted with a view to provide effective protection to...

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi +91 85957 22509 HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 612 of 2025 A husband has no legal right to demand access to his wife’s personal information, including her phone and bank passwords, the Chhattisgarh High Court has ruled, according to a report by LiveLaw. The observation was made by Justice Rakesh Mohan Pandey while hearing a plea filed by a man whose request for his wife’s call detail records (CDRs) was rejected by the Family Court. The petitioner had moved the High Court challenging that order, the report added. The bench stated that any such compulsion by a husband amounts to a breach of the wife’s right to privacy and would invite action under the Protection of Women from Domestic Violence Act, 2005. “Marriage does not grant the husband automatic access to the wife’s private information, communications and personal belongings. The husband cannot compel the wife to share her passwords ...