Blogs
I Just Got Served a 498A / BNS Section 85 Notice: Will the Police Arrest Me Tonight? What the Supreme Court Has Actually Ordered
No, you cannot be arrested automatically the moment a 498A IPC or BNS Section 85 FIR is filed against you. Since the Supreme Court's landmark 2014 ruling in Arnesh Kumar v State of Bihar, the police must first issue a written notice under Section 41A of the Criminal...
I Live in Gurgaon, But My Wife Filed 498A in Her Hometown: Where Should the Case Actually Be Heard? (Rupali Devi 2019 Explained)
Since the Supreme Court's ruling in Rupali Devi v. State of Uttar Pradesh (2019), a wife can file a 498A IPC (now BNS Section 85) complaint where she takes shelter after leaving the matrimonial home, typically her parental hometown. This is in addition to the...
Wife Is Asking for Half My Property in Divorce: What Indian Law Actually Gives Her in 2026
Indian law does not give a wife automatic 50% ownership of her husband's property in divorce. India does not follow a community property regime. A wife has legal rights to permanent alimony and interim maintenance under Section 25 and Section 24 of the Hindu Marriage...
Delhi Family Courts Explained: Saket, Karkardooma, Tis Hazari, Patiala House, Rohini and Dwarka. Which One Handles Your Divorce?
Delhi has six operational Family Courts, each covering a specific set of districts by jurisdiction. Saket serves South and South-East, Karkardooma serves East and Shahdara, Tis Hazari serves Central and parts of North and West, Patiala House serves New Delhi District,...
How to File Divorce in Gurgaon Family Court in 2026: A Step-by-Step Walkthrough of the District Court Complex, Gurugram
To file a divorce in the Gurgaon Family Court in [year], prepare your marriage certificate, address, and income proofs, and the specific ground petition, then file at the Family Court inside the District and Session Court complex, Sector 10A, Gurugram. Mutual consent...
Anonymised Case File: How a Gurgaon IT Professional Beat a False 498A, Dowry and Domestic Violence Complaint in 14 Months
A false 498A / BNS Section 85 case combined with a Dowry Prohibition Act complaint and a PWDVA petition can be defeated when the defence follows a disciplined sequence: file anticipatory bail before arrest, preserve documentary and digital evidence that contradicts...
Remarriage After a Foreign Divorce: How NRIs Can Avoid the Bigamy Trap
Very few NRIs plan to break the law. Yet every year, professionals working abroad in the USA, UK, Canada, Australia, and the Gulf quietly walk into a bigamy case, often years after what they believed was a clean foreign divorce. The mistake is almost always the same:...
Virtual Hearings and AI in Courts: A 2026 Guide for NRI Matrimonial Cases
Fifteen years ago, an NRI fighting a divorce in India had to plan flights around every hearing. Today, technology has quietly changed that. Video conferencing is common, e-filing is normal in most High Courts and family courts, and in June 2026, the Supreme Court...
Serving a NRI Divorce Notice from Abroad: How NRIs Must Handle Summons in India
Many NRIs believe that once their lawyer in India sends a divorce notice, the case has effectively begun and the marriage is on its way to ending. This is one of the most expensive misunderstandings in NRI family law. A notice is not a summons, and a summons that is...
Irretrievable Breakdown of Marriage: How the Supreme Court Grants Divorce Under Article 142
Some marriages end long before any court says so. The couple has not lived together for years, every attempt at reconciliation has failed, and yet one spouse refuses to sign the papers, leaving the other trapped. People in this situation often search "shaadi toot...
How Much Alimony Will You Get in India? 2026 Maintenance and Alimony Trends
The first question almost every separating spouse asks is about money. How much alimony will I receive, or how much will I have to pay? People search for it in every form, from "talaq ke baad kitna paisa milta hai" to "patni ko kitna guzara bhatta milta hai". The...
New Child Custody Rules in 2026: What the Supreme Court Decided on Psychological Evaluation
When parents separate, the hardest question is rarely about property. It is about the children. In the middle of a bitter custody fight, one parent will often ask the court to send the child for a psychological or psychiatric evaluation, sometimes to prove abuse,...
False 498A and Section 85 BNS Cases: A Defence Guide for Innocent Husbands
Being named in a dowry harassment FIR is one of the most frightening moments in a man's life. The phone does not stop ringing, elderly parents panic, and everyone assumes the worst. If you are searching phrases like "biwi ne jhutha 498A kar diya, kya karun" or "false...
NRI Divorce in India 2026: Is Your Foreign Divorce Decree Valid?
If you are an NRI or OCI and you have already been divorced abroad, you may be carrying a quiet worry: Does that foreign divorce actually end your marriage in India? It is one of the most common questions our clients ask, often phrased exactly the way people search...
NRI Divorce and Child Custody: Who Gets the Child When Parents Live in Different Countries?
Key Takeaways When NRI parents divorce, NRI child custody is decided based on the welfare of the child, not the nationality or residency of either parent. This principle overrides everything else in Indian courts. Indian courts have jurisdiction over custody if the...
How Much Alimony Can an NRI Wife Claim? How Indian Courts Calculate Maintenance When the Husband Earns Abroad
Key Takeaways Indian courts have full jurisdiction to award alimony against an NRI husband, even if he lives and earns entirely abroad. There is no fixed formula, but the Supreme Court's 25% benchmark is widely used as a starting point: roughly one-fourth of the...
NRI Mutual Consent Divorce Without Travelling to India: Complete Step-by-Step Guide (2026 Digital Court Update)
Key Takeaways NRIs can complete a mutual consent divorce in India without travelling even once, using a combination of Power of Attorney and video conferencing. The law governing mutual consent divorce is Section 13B of the Hindu Marriage Act 1955, which requires at...
NRI Wife Abandoned in India? 7 Legal Steps to Take RIGHT NOW
Key Takeaways NRI marital desertion is one of the fastest-growing matrimonial problems in India, with over 1,617 complaints filed with the Ministry of External Affairs in the last five years alone. Abandonment by an NRI husband is legally recognised as cruelty under...
Your US, UK or Canada Divorce is NOT Valid in India: What the 2026 Supreme Court Ruling Actually Means for You
Key Takeaways Before you read further, here is what you absolutely need to know: A divorce granted in the USA, UK, Canada, Australia or any other foreign country does NOT automatically end your marriage under Indian law. The Supreme Court of India's 2026 ruling...
Bigamy (Second Marriage) Laws Under BNS Section 82 in India (2026)
Key Takeaways The correct BNS section for bigamy is Section 82, not Section 85 or 86. BNS Section 82(1) replaces IPC Section 494, and BNS Section 82(2) replaces IPC Section 495, effective from 1 July 2024. A second marriage without a valid divorce is void from day one...
New Marriage Rules in India 2026-2027: BNS Laws Every Couple Must Know
Key Takeaways: IPC Section 494 is now BNS Section 82. Bigamy remains a criminal offence with up to 7 years in prison. The legal marriage age in India stayed unchanged in 2026. Girls must be 18, and boys must be 21, to marry legally. Court marriage documents and the...
How to Get a Stay order in Divorce Proceedings in India: Complete Legal Process Explained
Key Takeaways: A stay order (स्थगन आदेश) is a court direction that temporarily halts legal proceedings or enforcement of a decree to prevent injustice while a case is under review. Courts apply a three-condition test before granting any stay: prima facie case, balance...
Grandparents’ Rights in Custody Battles: Can They Claim Custody or Visitation?
In India, family does not end with parents and children. Grandparents, whether dada-dadi (paternal grandparents) or nana-nani (maternal grandparents), are often deeply involved in a child's daily life. When a marriage breaks down or a custody dispute begins, this bond...
What is a Legal Separation Agreement? How It Differs from Divorce
Key Takeaways A private separation agreement is not legally enforceable in India. Courts treat it as against public policy, usable only as evidence of intent in future proceedings. Judicial separation under Section 10 HMA is the only legally valid route to live apart...