The Madras High Court condemned attempts to misuse maintenance laws to drag remarried women back into past matrimonial disputes. The Court dismissed a grandfather’s plea, warning that such petitions revive hostility and undermine settled divorce agreements.
The Bombay High Court said that if a wife calls her husband impotent in a legal case, it’s not defamation. This is allowed under the law if it’s part of a genuine matrimonial dispute.
Supreme Court mandates a 2-month cooling-off period before any arrest under Section 498A IPC. Approves Allahabad HC’s safeguards to curb misuse in matrimonial disputes.
The Delhi High Court refused bail to a man accused of forcing his wife into partner swapping and soliciting sex online. The court noted the case involved serious allegations beyond typical matrimonial disputes.
The Supreme Court said that small taunts by in-laws towards a wife are a part of normal family life and do not count as cruelty under Section 498A of the IPC. It also said that courts should be careful while accepting such claims, especially during divorce cases.
The Supreme Court has dismissed a PIL seeking gender-neutral provisions in dowry harassment (Section 498A IPC) and maintenance laws, questioning the claim of biased misuse. The bench remarked, “We understand this would make a spicy news item, but tell us which provisions are not being misused?”
The Delhi High Court has advised lawyers not to make matrimonial disputes worse by pushing for false or unnecessary allegations. The court said that lawyers should act sensibly and try to calm things down instead of adding to the fight. It said that such actions can harm relationships and make it harder to settle matters. This comment was made during a case where a couple had accused each other of cruelty.
The Bar Council of India (BCI) raised concerns about lawyers using social media for promotion. It said that such actions are a “violation of professional ethics” as lawyers are not allowed to advertise their services. The BCI warned that this can lead to misinformation and harm the dignity of the legal profession. Lawyers are advised to follow ethical guidelines and maintain the respect of the judiciary.
Mumbai: The Interactive Lawyers’ Association for Women held a discussion on the use and misuse of Section 498A of the Indian Penal Code (IPC), which was replaced with Section 85 of the Bhartiya Nyaya Sanhita (BNS) in 2023. The event took place on Friday at courtroom number 21 in the Mumbai High Court complex and was attended by female lawyers and law students.
The Orissa High Court upheld a Family Court ruling requiring a husband to pay Rs.3,000 monthly maintenance to his wife, who left due to his unfounded character allegations. Justice Satapathy emphasized a woman’s right to dignity and declared that without proof, accusations against her loyalty justify her decision to live separately.
