Tag: Family Law
All the articles with the tag "Family Law".
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Can Filing Restitution of Conjugal Rights (RCR) Protect Husband from False 498A FIR?
Does filing a Restitution of Conjugal Rights (RCR) petition under Section 9 of the Hindu Marriage Act protect a husband from a false 498A FIR? This article explains the legal position, strategic value, limitations of RCR, and what is the most effective defence against false cruelty allegations in India.
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What Should I Do if My Spouse Files a False Case? Legal Guide for Matrimonial Disputes in India
Facing false allegations in matrimonial disputes (domestic violence, cruelty, maintenance, or criminal cases) is distressing but legally defendable in India. This guide explains how to respond: collect evidence, file strong defence, seek quashing, counter false complaints, consider divorce on cruelty grounds, and protect your rights — with practical steps and when to consult a divorce lawyer in Kolkata.
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Can I Get a Divorce Without My Spouse’s Consent in India?
Yes — you can obtain a divorce in India without your spouse’s consent by filing a contested divorce under Section 13 of the Hindu Marriage Act (or equivalent laws). This guide explains the legal grounds, procedure, timeline, ex-parte option, and key considerations for contested divorce cases.
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Secret Recordings Between Spouses — Admissible in Divorce Cases? Supreme Court Ruling Explained
Can secretly recorded conversations between husband and wife be used as evidence in divorce proceedings? The Supreme Court of India has ruled yes — subject to safeguards. This landmark judgment balances marital privacy (Article 21) against the right to a fair trial, clarifies Section 122 of the Evidence Act, and gives procedural guidance for Family Courts.