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Articles & Legal Updates

Notes on procedure and practice before the Delhi courts, written for people trying to understand a proceeding they are already in.

These notes are written for litigants and for younger members of the Bar. They explain procedure as it operates in the Delhi courts — the sequence of steps, the timelines that matter, and the points at which a matter is commonly lost. They are general information, not advice on any particular case.

All articles (537) Civil & Property (32) Commercial (1) Commercial & Corporate (126) Criminal Law (184) Cyber & Fraud (3) Matrimonial & Family (133) Procedure & Practice (58)
12 September 2026 · Matrimonial & Family

Mediation Closes the File: 498A FIR Quashed After DV and Maintenance Cases Withdrawn

The Delhi High Court quashed a Sections 498A/406 FIR where mediation produced a comprehensive settlement — mutual consent divorce with withdrawal of DV and maintenance petitions — holding continuation would serve no meaningful purpose.

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12 September 2026 · Matrimonial & Family

The Decree Ends the Marriage, Not the Obligation: Maintenance Survives Ex Parte Divorce

The Calcutta High Court held that an ex parte divorce decree obtained by the husband does not extinguish maintenance under Section 125 CrPC — a divorced wife who has not remarried remains a "wife" under Explanation (b).

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12 September 2026 · Matrimonial & Family

A Decree Nobody Obeyed: Divorce Follows Non-Compliance with an RCR Decree

The Patna High Court granted divorce under Section 13(1A)(ii) HMA where cohabitation was never resumed for over a year after a restitution of conjugal rights decree, reversing the Family Court's dismissal.

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12 September 2026 · Matrimonial & Family

Evidence Before the Local Commissioner: Delhi HC Backs Family Court Case Management

Under Article 227, the Delhi High Court declined to disturb a Family Court order assigning evidence recording in a contested HMA trial to a Local Commissioner, finding the appointment order elaborate and open-court recording impractical.

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12 September 2026 · Matrimonial & Family

Domestic Violence Proceedings When the Respondent Lives Abroad

Jurisdiction under Section 27, layered service on NRI respondents, ex parte progress and enforcement against Indian assets — how DV Act cases run in Delhi when the husband or in-laws are overseas.

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12 September 2026 · Matrimonial & Family

Section 19 HAMA: The Widowed Daughter-in-Law's Claim Against Her Father-in-Law

A conditional, property-linked maintenance right: when a widow can claim from her father-in-law, the coparcenary-property requirement, quantum, and how the remedy compares with succession and DV Act routes.

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10 September 2026 · Matrimonial & Family

Two Decades Apart: Supreme Court Grants Divorce on Desertion, Reversing High Court

In Bijendra v. Rekha, 2026 INSC 939, the Supreme Court dissolved a marriage on desertion under Section 13(1)(ib) HMA after twenty years of separation, coupling the decree with permanent alimony of Rs 7 lakh.

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10 September 2026 · Matrimonial & Family

Spouses Reunited: Delhi High Court Quashes Cruelty FIR Under BNS on Settlement

An FIR under Sections 85 and 316(2) BNS was quashed after the spouses reconciled and resumed matrimonial life, confirming that the settled 498A settlement-quashing jurisprudence applies fully to the new code.

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10 September 2026 · Matrimonial & Family

Even Ex Parte, the Written Statement Counts: Divorce Decree Set Aside in Appeal

The High Court of Jharkhand set aside a divorce decree granted without examining the wife's written statement, holding that matrimonial courts must engage the pleaded defence even when proceedings go ex parte.

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10 September 2026 · Matrimonial & Family

Winning the Residence Order Is Half the Battle: Enforcement Under the DV Act

How Section 19 residence orders are actually enforced in Delhi — police assistance under Section 19(7), protection officers, compliance reports and breach prosecution under Section 31.

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10 September 2026 · Matrimonial & Family

Maintenance After Retirement: Pension and Retiral Benefits as Income

Retirement changes the arithmetic of a maintenance case, not its principles: pension counts as income, the retiral corpus and its yield are examined, and modification requires proof, not assertion.

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10 September 2026 · Matrimonial & Family

The False Income Affidavit: How Maintenance Courts Respond to Concealment

Adverse inference, costs, procedural sanction and perjury exposure — what actually happens when the sworn affidavit of assets and liabilities in a maintenance case turns out to be false or incomplete.

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What Is Covered Here

The chamber writes on the areas in which it appears: criminal procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail practice, matrimonial and family proceedings before the Delhi Family Courts, cheque dishonour and recovery, and proceedings before the NCLT and the Motor Accident Claims Tribunals. Notes on reported judgments of the Supreme Court of India and the High Court of Delhi are published with a link to the official text of the decision, so that a reader can verify the position rather than rely on a summary.

No article on this page identifies a client or discusses a pending matter conducted by the chamber. Where a statutory provision is cited, the section number is given so that a reader can verify it against the bare Act.

If a subject you need is not covered here, the chamber can be written to at legal@advocatemanishjha.com. Questions of general interest are taken up as future notes; the chamber does not give advice on individual matters by email.