Legal Insights on Statute, Procedure & Litigation

Child Custody Law India | Supreme Court Judgment | Welfare of the Child | Best Interest of the Child | Guardianship Law | Parental Rights | Family Court India | Custody Dispute -By Atul Singh, Advocate In almost every child custody case, one sentence appears repeatedly, i.e.  ‘the welfare of the child is paramount .’ It is a legal principle deeply embedded in guardianship and child custody law in India and repeatedly affirmed by every court. Yet, the Supreme Court recently, i

(Article 142 Divorce | Irretrievable Breakdown of Marriage | Multiple Matrimonial Litigations | Perjury Proceedings | Supreme Court 2026 | Transfer Petition Criminal | Shilpa Sailesh Applied)   - By Atul Singh, Advocate   A marriage that lasted barely sixty-five days travelled through various courts for more than a decade. That is the factual canvas of a marital discord that came before the Hon’ble Supreme Court recently in Neha Lal v. Abhishek Kumar . The parties got married

(Disability Pension | Broad Banding for Officer Cadets | Puneet Gupta Judgment in Rem | Shreya Manhas Appeal | Supreme Court 2026 | Ex Gratia vs Pension | Armed Forces Disability Law) -by Atul Singh, Advocate The Hon’ble Supreme Court’s judgment dated 12th February 2026 in Civil Appeal No. 21811 of 2018, rendered in Union of India v. Sgt. Girish Kumar , is not merely another judgment on disability pension. It is a constitutional reminder and a testament to the Government’s co

-by Atul Singh, Advocate An important question came before the Supreme Court: Can bail be granted only if money is paid? The Hon’ble Supreme Court has once again answered this question in the negative, drawing a clear line between the judicial discretion to grant bail and the increasingly visible practice of using bail proceedings as a tool for recovery or leverage. In Prantik Kumar & Anr. v. State of Jharkhand & Anr., the Hon’ble Supreme Court reiterated a principle central

-by Atul Singh, Advocate Divorce cases in India are often misunderstood as a single legal event. In practice, divorce is a process, sometimes short and orderly, but more often protracted, emotionally exhausting, and deeply disruptive. What may begin as one proceeding frequently spirals into a series of interconnected litigations, leaving parties entangled in a complex web of matrimonial disputes. Indian matrimonial law recognises two principal modes through which a marriage m

The plight of disabled Officer Cadets serves as a stark reminder of how policy and nomenclature can be used as instruments of exclusion. Understanding the Ex-Gratia Policy Vide MoD letter No. 1(5)/93/D (Pen-C) dated 16 Apr 1996, the Government introduced a policy regarding Officer Cadets who were boarded out from service, commonly referred to as the “Ex-Gratia” policy. Without delving into the controversy surrounding the discriminatory and self-serving term “ ex gratia ,” it

Understanding the Legal Framework Officer Cadets, upon entering training academies such as the Indian Military Academy (IMA), Officers Training Academy (OTA), and Air Force Academy (AFA), are formally inducted into the Armed Forces. They are enrolled under the Army Act, 1950, the Air Force Act, 1950, or the Navy Act, 1957, and assigned a unique service number that serves as their identification until they are commissioned. The dossier created at this stage remains active thro

The Legal Framework Surrounding Marriage Dissolution When a marriage breaks down, various proceedings are initiated in different courts. One such remedy is the Restitution of Conjugal Rights (RCR). This legal provision is invoked when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other. The aggrieved party may file a petition under the relevant provisions outlined below, seeking a decree for restitution of conjugal rights. Th

-By Atul Singh, Advocate In most custody disputes, it is seen that the marital discord of the couple spills over into the future and the well-being of the child. As a parent, the desire and duty to ensure the well-being of the child transform into bitter contests where the parents often falsely assume that the child is their sole and absolute property to be claimed. The language of love as a parent is suddenly replaced by the language of possession of an estranged spouse. Not

-By Atul Singh, Advocate   Family disputes are among the most emotionally charged legal battles, deeply affecting the lives of individuals and their families. In India, the legal framework governing these disputes, including domestic violence, maintenance, and cruelty laws, is primarily designed to protect women. While these laws were enacted with noble intentions, over time, they have revealed significant gaps, particularly in addressing instances where men or elderly family

-by Atul Singh, Advocate In a recent judgment, the division bench of the Hon'ble Delhi High Court addressed the pressing issue of delays in matrimonial litigation. The court highlighted that such cases should not be permitted to linger for extended periods, as this can lead to significant emotional distress for the parties involved. The court noted that prolonged litigation is often driven by one party's intention to prolong the process, which only exacerbates the situation.

Condonation of delay under Section 119(2)(b) of the Income Tax Ac t   -By Atul Singh, Advocate   In a recent judgment, the Division bench of the Hon’ble Delhi High Court disposed off a petition filed by a corporate entity challenging the dismissal of its application for the condonation of delay in submitting Form 10-IC under Section 119(2)(b) of the Income Tax Act. The Petitioner contended that a technical glitch had hindered the timely submission of the requisite Form 10-IC

-By Atul Singh, Advocate   Over time, the courts have become increasingly aware of the ways in which Section 498A is misused by women. This provision penalizes husbands and their relatives for subjecting a woman to cruelty. The definition of cruelty, as outlined in the section, consists of two components: 1) Willful conduct that is likely to drive a woman to suicide or to cause serious injury or danger to her life, limb, or health (both mental and physical), and 2) Harassmen

-By Atul Singh, Advocate Are Domestic Violence Orders Subject to Modification or Alteration?   Proceedings under the Protection of Women from Domestic Violence Act can be challenging, especially when it comes to understanding the nature of the orders issued under the said Act. As a lawyer, I often encounter litigants who mistakenly believe that once a domestic violence order is granted, such as an interim maintenance order, it is permanent and will remain in effect throughout