Amish Aggarwala @AmishAggarwala
Advocate on Record at Supreme Court of India. Office Whatsapp: 9958177114 New Delhi, India Joined August 2012-
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Supreme Court affirms, Fathers have a right to stay connected with their child post-divorce In a recent ruling, the Supreme Court reaffirmed that fathers have a legal right to maintain a relationship with their children after divorce, underscoring that a child needs the…
Lawyers like me can talk about their cases, once the dispute has completely wrapped up. That too without taking names. But should a Judge have the liberty to talk about cases they decided? Recently a decorated former CJI, in an interview made a remark ancillary to the subject…
Supreme Court clarifies what counts as ‘Cruelty’ under section 498A IPC The Supreme Court has once again underlined that vague and omnibus allegations cannot be the basis for prosecuting a husband’s relatives under Section 498A IPC. Hearing a case where in-laws had been…
Crucial skill in litigation: know what to prioritise. Illustration- A friend recently told me that his opponent’s anticipatory bail was listed before the Supreme Court the next morning. He wanted to understand implications of a particular proposition of law. After…
Delhi HC: POCSO Shield Cannot Become a Sword in Matrimonial Battles The Delhi High Court has strongly cautioned against the misuse of child protection laws in matrimonial disputes. The judge, in a ruling dated September 2, fined a mother for weaponizing her minor daughter by…
Supreme Court: “We Have Become More of a Matrimonial and Bail Court Now” In a telling remark about the growing weight of family litigation on India’s highest court, the Supreme Court recently observed that it is increasingly functioning like a “matrimonial and bail court.” A…
Third cup of coffee in the month end Senior Partners meeting
What if my wife files for divorce? #Divorcecase #divorcelaw
Calling husband ‘paaltu chuha’ valid ground for divorce: Chhattisgarh HC It came in the news recently that the Chhattisgarh High Court (HC) upheld a family court’s decision to dissolve a marriage, ruling that a wife calling her husband a “paaltu chuha” (pet rat) for obeying his…
42% men took loans for divorce: Says a recent Survey Divorce is not just an emotional upheaval, it’s also a financial storm that many underestimate. A recent survey by 1 Finance Magazine sheds light on how deeply separation impacts men’s finances in India. According to the…
“How much maintenance are you willing to give?” Why this question is misleading In almost every matrimonial dispute, one question comes up sooner or later: “How much maintenance are you willing to give?” On the surface, it looks like a simple negotiation. But in reality, this…
Bombay High Court Annuls Marriage Over Suppression of Wife’s Cerebral Palsy The Bombay High Court’s Aurangabad bench has annulled a marriage solemnized in 2018, ruling that suppression of the wife’s incurable medical condition cerebral palsy amounted to fraud. The husband had…
A lot of husbands ask me— “Should we hire a private investigator?” My honest answer: I don’t recommend it. Why? Because in India, PIs are very hit-or-miss. The same investigator who did phenomenal work for one client completely ghosted another when I referred him. But here’s…
Courts Must Prevent Harassment of Individuals With No Role in Matrimonial Cruelty The Delhi High Court has emphasized that it is the duty of courts to protect innocent individuals from being dragged into matrimonial disputes where they have no substantial involvement. The case…
Expensive Bikes for Himself, But No Money for His Wife and Kids? The Madhya Pradesh High Court recently dealt with a husband who claimed he couldn’t afford maintenance ordered by the Family Court. His defence fell apart when the evidence showed a very different reality. The…
When the Wife is a Police Officer: False Cases and Abuse of Process In matrimonial disputes, I often hear husbands say: “My wife is threatening to misuse her position as a police officer against me.” This raises a very real and pressing concern: what happens when a person who…
Ex parte foreign divorce – Indian courts won’t care
Should You Marry Under Threat of a False Promise of Marriage Case? This is a question I hear often from young men: "My girlfriend is threatening to file a false case of cheating or false promise of marriage unless I marry her. Should I give in?” The short answer: No. Marriage…
# Delhi HC Rejects Wife’s Maintenance Claim, Upholds Child’s Right The Delhi High Court recently rejected a wife’s plea for personal maintenance while affirming the child’s independent right to support. The couple married in 2009 and had a daughter in 2010. After leaving her…
Wife’s WhatsApp Chats Can Be Used as Evidence, Rules MP High Court The Madhya Pradesh High Court has ruled that a wife’s WhatsApp chats can be presented as evidence in a divorce case, even if obtained without her consent. The decision was delivered under Section 14 of the Family…
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