Family Law; Kusum Vishwakarma Vs. Ashok Vishwakarma [Madhya Pradesh High Court, 26-09-2017]

Penal Code, 1860 – S. 498A – Marriage Act, 1955 – S. 13(1)(i)(i-a) – Divorce – Mental Cruelty –  Refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty and where there has been a long period of continuous […]

DNA Paternity Testing; 12 Legal Principles That Everyone Should Know

DNA Test : W Vs. H [Delhi High Court, 26-08-2016] Summation of the principles laid down by judicial precedents on consideration of an application for Medical Examination or DNA test So far as the court’s discretion to direct a DNA test is concerned, the following principles can be summed out: 1. A rebuttable presumption […]

Whether Divorced Wife Continues to Enjoy Status of Wife for the Purpose of Claiming Maintenance

Divorced Wife under Section 125 Cr.P.C.: In case of Rohtash Singh V/s. Smt.Ramendri & Ors., reported in AIR 2000 SC 952 more particularly Para.8, 9 and 11 which reads, thus; “8. Admittedly, in the instant case, the respondent is a divorced wife. The marriage ties between the parties do not subsist. The […]