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Showing posts from March, 2026

Wife’s Disentitlement from Maintenance under Section 125 CrPC: Supreme Court & High Court Insights

 Maintenance under Section 125 of the Criminal Procedure Code (CrPC) serves as a crucial legal safeguard for wives, children, and parents unable to maintain themselves. However, this entitlement is not absolute , and Indian law specifies three grounds under which a wife may be disentitled from maintenance while the marriage subsists . Understanding these grounds is essential for anyone navigating family law in India , and for consulting an expert divorce lawyer Kolkata , family lawyer Kolkata , or best divorce advocate Kolkata like Advocate Prithwish Ganguli . Grounds for Disentitlement under Section 125(4) CrPC Section 125(4) CrPC outlines three specific circumstances where a wife cannot claim maintenance while the marriage is subsisting : Adultery: If a wife is living in adultery, she is disentitled from maintenance. Case Reference: Mehrunnisa v. Noor Mohammad (Allahabad High Court, 1970) — Jul 21, 1970. Principle: The court explicitly framed adultery as a disqualifying condi...

Recognition of Foreign Divorce Decrees in India: Supreme Court & High Court Insights

  Recognition of Foreign Divorce Decrees in India: Supreme Court & High Court Insights In today’s globalized world, Indian citizens often marry or divorce abroad. However, India does not automatically recognize foreign divorce decrees at face value . Recognition is governed by Section 13 of the Civil Procedure Code (CPC) , which sets out strict conditions for foreign judgments to be conclusive in India. This means that even a valid foreign divorce must satisfy certain legal criteria before being enforceable in India. For individuals navigating this complex area, consulting an experienced divorce lawyer Kolkata , family lawyer Kolkata , or best divorce advocate Kolkata like Advocate Prithwish Ganguli is essential. With years of expertise in matrimonial law, Advocate Ganguli provides practical guidance on validating foreign divorce decrees and ensures compliance with Indian legal standards. Legal Framework for Recognition of Foreign Divorce Decrees Section 13 of the CPC outline...

Child Custody Laws in India: Supreme Court Guidelines and Parents’ Rights

  Child Custody Laws in India: Supreme Court Guidelines and Parents’ Rights Child custody laws in India are complex and can be emotionally challenging for parents and children alike. The guiding principle in all custody cases is the best interests of the child . Parents seeking custody in Kolkata are strongly advised to consult a divorce lawyer Kolkata , family lawyer Kolkata , or best divorce advocate Kolkata like Advocate Prithwish Ganguli , who can provide professional legal guidance and ensure the child’s welfare is protected. Legal Framework for Child Custody in India Child custody in India is primarily governed by: Hindu Minority and Guardianship Act, 1956 Guardians and Wards Act, 1890 Relevant provisions under the Hindu Marriage Act, 1955 The law prioritizes the child’s welfare, emphasizing the need for a stable and nurturing environment. A family lawyer Kolkata ensures that custody petitions and agreements comply with legal standards and Supreme Court guidelines. Custody ...