Tagged “matrimonial”

5 articles on matrimonial.

Dr. Aswin V. Nair v. State of Kerala: a live-in partner is not a "husband" under Section 498A

On 13 July 2024, the Kerala High Court held that "husband" in Section 498A IPC means a married man — a woman's live-in partner, absent a legally recognised marriage, cannot be prosecuted for matrimonial cruelty, and the proceedings against him were quashed.

Valkya Editorial·14 Jun 2026·8 min

Landmark JudgmentSupreme Court of India

Indra Sarma v. V.K.V. Sarma: when a live-in relationship is in the nature of marriage

In 2013 the Supreme Court mapped the multi-factor test for a 'relationship in the nature of marriage' under Section 2(f) of the Domestic Violence Act, holding that knowledge of a partner's subsisting marriage ordinarily defeats the claim.

Valkya Editorial·14 Jun 2026·8 min

Landmark JudgmentSupreme Court of India

Rajesh Sharma v. State of U.P.: Section 498-A safeguards and their withdrawal in Social Action Forum

In 2017 a two-judge bench installed Family Welfare Committees to screen Section 498-A complaints; in 2018 a three-judge bench withdrew that extra-statutory machinery, restoring the Arnesh Kumar arrest discipline.

Valkya Editorial·14 Jun 2026·8 min

Landmark JudgmentSupreme Court of India

Rajnesh v. Neha: the maintenance guidelines and the Affidavit of Disclosure

In 2020 the Supreme Court issued binding pan-India guidelines on maintenance across overlapping statutory regimes, prescribed a mandatory Affidavit of Disclosure of Assets and Liabilities, and ruled that maintenance is payable from the date of the application.

Valkya Editorial·14 Jun 2026·8 min

Landmark JudgmentHigh Court at Calcutta

Kamalika Majumdar v. Subhapriya Majumdar: clean hands in a cruelty divorce

Calcutta HC holds a spouse who concealed a prior marriage and 498A history cannot win a cruelty divorce; clean hands and constructive desertion bar relief.

Valkya Editorial·1 Jun 2026·8 min