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Author: Kanika Ganeriwala

Can Every Act of Insensitivity in a Matrimonial Home Amount to “Cruelty”?

Can Every Act of Insensitivity in a Matrimonial Home Amount to “Cruelty”? Delhi High Court | Poonam Tanwar v. State & Ors. | Decision dated 1 October 2026 MATRIMONIAL LAW  |  CRIMINAL LAW  |  LEGAL ANALYSIS At a Glance Important distinction: Poonam Tanwar concerns criminal cruelty under Section 498-A of the Indian Penal Code, 1860, in the context of allegations against matrimonial relatives. It should not be confused with a divorce proceeding under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The legal tests are distinct. 1. Introduction Matrimonial disputes may involve disagreements, strained relationships, insensitive remarks, differences in expectations and friction between spouses or their...

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Can a High Court Direct Police Investigation Under Article 226 When Statutory Remedies Exist?

226 High Court

Can a High Court Direct Police Investigation Under Article 226 When Statutory Remedies Exist? Understanding the Supreme Court’s 2026 Ruling on Article 226, FIR Registration and the BNSS The power of a High Court under Article 226 of the Constitution of India is among the broadest constitutional remedies available to individuals seeking judicial protection against unlawful State action. At the same time, criminal procedure provides its own statutory mechanisms for dealing with refusal to register an FIR or failure to conduct a proper investigation. The coming into force of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has made this relationship particularly important. The...

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