Amish Aggarwala

Amish Aggarwala Supreme Court Advocate

25/08/2026

Why I tell some husbands not to file for divorce

25/08/2026

The matrimonial home mistake many families make before marriage

Before marriage, families often like to show their prospective daughter-in-law how well settled they are.
“This is our house.”
“We recently bought this property.”
“We have another house over there.”

Sometimes families even purchase a new house or car partly because they want to demonstrate their financial stability to the other family.

But if the marriage later breaks down, the very house that was proudly presented as the matrimonial home can become the subject of litigation.

This is where an important distinction under the Domestic Violence Act needs to be understood: ownership and the right of residence are not necessarily the same thing.

A wife does not automatically acquire an ownership share in her husband’s or in-laws’ property merely because she married into the family. However, under the Domestic Violence Act, she may seek a right to reside in a “shared household” and can seek residence orders from the court.

The law on what constitutes a shared household has also evolved.

In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court gave a broader interpretation to the concept and departed from the restrictive approach adopted in the earlier S.R. Batra judgment.

Consequently, the fact that a property belongs to the husband’s parents or another relative does not, by itself, necessarily defeat a woman’s claim of residence.

That does not mean that every wife can simply take possession of any property belonging to her husband’s relatives.

Whether a particular property qualifies as a shared household, whether the woman actually has an enforceable right of residence there, and what residence order should ultimately be passed depend upon the facts and the applicable law. The rights of elderly parents and property owners can also become relevant.

This is precisely why families should think carefully about their living arrangements before marriage.

AP High Court dismisses mother’s child custody plea, imposes ₹50,000 costs for concealing settlementThe Andhra Pradesh H...
25/08/2026

AP High Court dismisses mother’s child custody plea, imposes ₹50,000 costs for concealing settlement

The Andhra Pradesh High Court has dismissed a mother’s habeas corpus petition seeking custody of her two minor sons after finding that she had concealed a previous settlement granting custody to the father.

Karnataka High Court Stays Case Against Man Accused of False Promise of Marriage After ‘Ghosting’ PartnerThe couple had ...
25/08/2026

Karnataka High Court Stays Case Against Man Accused of False Promise of Marriage After ‘Ghosting’ Partner

The couple had been in a relationship since December 2025.

The woman later became suspicious when the man said he was travelling to Chennai to visit his ailing father but refused to answer her video calls.

He eventually blocked her.

The woman subsequently filed a criminal complaint alleging offences under Sections 69 and 115 of the Bharatiya Nyaya Sanhita.

Police later filed a chargesheet, following which the man approached the Karnataka High Court seeking relief.

The High Court noted that the key allegation was that the man had started “seen-zoning” and ghosting his partner.

At this stage, the Court observed that these allegations by themselves did not appear to fulfil the ingredients required for an offence under Section 69 BNS.

S*x after separation does not automatically mean earlier cruelty was forgiven, Calcutta High CourtThe Calcutta High Cour...
25/08/2026

S*x after separation does not automatically mean earlier cruelty was forgiven, Calcutta High Court

The Calcutta High Court has held that stray instances of s*xual in*******se or temporary cohabitation after separation do not automatically amount to condonation of earlier matrimonial cruelty.

25/08/2026

Can in-laws get an ex parte eviction order against a daughter-in-law?

An ex parte order is an exceptional remedy. The fact that a wife may have earlier obtained an urgent ex parte residence order does not mean that the husband or his parents will automatically be able to obtain an ex parte eviction order against her.
This becomes particularly difficult where a judicial court has already granted the wife a residence order.

If proceedings are then taken before an authority under the Senior Citizens Act, that authority may be cautious about passing an order that could conflict with an existing order of a Magistrate or another competent court.

A single non-appearance by the wife will also not ordinarily mean that an eviction order must immediately follow. The authority will consider the existing orders, competing rights and the circumstances of the case before granting such drastic relief.

From a litigation-strategy perspective, the important question is not merely whether a remedy is legally available, but how often it succeeds on comparable facts. If a particular route has a low practical success rate, the husband and his family should also examine other lawful civil or criminal remedies that may arise from the facts rather than placing their entire strategy on one proceeding.

If a Senior Citizens Act proceeding has already been instituted, it can still be pursued on its merits. But expectations should remain realistic: ex parte eviction is not something a party should assume will be granted merely because the opposite side previously obtained ex parte relief in another proceeding.

J&K High Court questions police “Recovery” of child from fatherThe Jammu & Kashmir and Ladakh High Court has questioned ...
24/08/2026

J&K High Court questions police “Recovery” of child from father

The Jammu & Kashmir and Ladakh High Court has questioned a Family Court’s decision to issue an ex parte search warrant and send police to recover a five-year-old girl from her father.

24/08/2026

Giving assets to your parents? Don’t forget the succession problem

If you have accumulated substantial savings or assets before marriage, you may naturally start thinking about how those assets should be structured before entering into a matrimonial relationship.

One option some people consider is making a genuine gift of money or property to their parents before marriage.

But there is an important distinction here.

Simply parking money in somebody else’s name while continuing to treat it as your own is very different from actually transferring ownership through a genuine and legally valid transaction.
And even where you genuinely gift an asset to your parents, there is another problem that is often overlooked: succession.

Suppose you transfer a substantial asset to your mother or father. Once that asset genuinely belongs to them, it forms part of their property.

If they subsequently die without an appropriate testamentary arrangement, their estate may devolve according to the applicable succession law. If you have brothers or sisters, they may also become entitled to a share.

You may therefore solve one perceived asset-protection problem only to create an entirely different family dispute later.

For example, imagine you transfer a property worth ₹1 crore to your parents. Years later, one of them passes away. You cannot simply assume:
“I originally paid for it, so naturally it comes back to me.”

If it was genuinely gifted, it was no longer your property. What happens thereafter depends upon the parent’s ownership, succession law and any valid testamentary documents.

That is why estate planning becomes equally important.

If parents genuinely own assets and want particular properties to pass to a particular child after their death, they should consider making a properly drafted will reflecting their own wishes. Depending upon the circumstances, registration and other estate-planning measures may also be considered with professional advice.

Allahabad High Court flags fake age certificates being used to trigger POCSO casesThe Allahabad High Court has flagged t...
24/08/2026

Allahabad High Court flags fake age certificates being used to trigger POCSO cases

The Allahabad High Court has flagged the alleged use of forged school records to show girls as minors and attract POCSO charges against young men, calling for stronger safeguards in age documentation.

24/08/2026

In a Domestic Violence Act case, an application offering alternate accommodation can sometimes create an unintended problem for the husband or his family. If the daughter-in-law is not actually residing in the shared household, voluntarily keeps it locked and only visits occasionally, offering to pay rent elsewhere may unnecessarily concede a financial burden.

In such a situation, evidence becomes important. CCTV footage covering a meaningful period may help show whether she genuinely resides in the property or merely visits occasionally. Depending on the facts, this may support a request to modify an existing residence order rather than simply substitute it with a monthly rental obligation.

If an alternate-accommodation application has already been filed but the strategy has changed, the party may consider seeking withdrawal before it is argued. Once rent is voluntarily offered and fixed, it can potentially become an additional recurring liability alongside maintenance.

After withdrawal, a carefully drafted application for modification of the residence order can place subsequent circumstances before the court: for example, that the wife earlier stayed in the property but has not actually lived there for a substantial period, supported by available evidence.

The central point is that a residence dispute should be approached on the actual facts and present circumstances.

A legal right to seek residence relief and the factual need for a particular form of relief are issues the court may have to assess separately. The correct strategy will depend on the existing order, evidence, procedural history and the court's discretion.

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