In its primitive sense, the divorce means dismission. In a literal sense, it means “Setting Free” or “letting loose”. Divorce under the Muslim Law could be understood as Freedom from bondage of marriage. In legal terms, it means the dissolution of marriage by the husband using appropriate words. In other words Talaq is a repudiation …
In India there are a few laws which govern the marriage as well divorce laws, these include The Indian Christian Marriage Act, 1872, The Hindu Marriage Act, The Muslim MArriage Act, the Special Marriage Act. the following article is going to deal with the concept of mutual divorce in India as is provided under the …
In a recent judgment in the case of T. Sadananda Pai v Sujatha S Pai, Karnataka High Court held that an able bodied man can not seek permanent alimony from his wife. The husband had filed for maintenance under Section 25 of the Hindu Marriage Act, which was set aside by the Bench of Justices …
There are several situations seen in the matrimonial issues, wherein a court case of divorce proceeding is already going on but another spouse couldn’t wait for the divorce decree to come, and hassle to marry again with another person. As the law says, you are not permitted to legally wed another person while your divorce …
Indian cases cannot be entertained in Foreign Jurisdiction Read More »
Recently in the case of S. Sarath Kumar v The District Collector and Another, The Madras High Court observed that the conditions provided under Section 4 of the Special Marriage Act and the procedure thereof mentioned in the Sections 5-13 have to be mandatorily complied with, thereby denying the application for the registration of the …
Recently in the case of Debanada Tamuli v Smt. Kakumoni (2022), Supreme Court Bench of Justices Ajay Rastogi and Abhay S Oka granted divorce on the ground of desertion as the wife was staying away from her matrimonial house and did not give any valid reason for doing so. Facts of the case: The couple …
Divorce granted on wife’s failure to provide valid reason Read More »
Whenever a couple seeks divorce for any reason, there are multiple issues that arise post-divorce between the parties. Due to this reason maintenance is an important issue for which the party usually seeks to take legal help. There are certain cases seen where usually women are incapable of maintaining themselves or ruining their livelihood, so …
In India, section 377 of the Indian Penal Code has always been a taboo topic to be discussed socially or openly. Many knew about it in detail, but the majority had their opinions and ideas, which always sounded very delusional and unrealistic, and unacceptable. It’s not easy to change the mindset of husband and the …
Wife can file an FIR on husband for committing Unnatural Sex Read More »
Unlawful sexual intercourse without the consent of another partner is known as rape. It is the fourth most common criminal activity attempted in India against the consent of women and is also considered one of the most heinous crimes. Every year, more than a thousand of cases get registered on rape attempts, there are various …
The Division Bench of Justices Sunil Shukre and Govind Sanap while listening to a petition filed in the case of [Rajesh Himmat Pundkar v State of Maharashtra], refused to quash an FIR filed under Section 498 A against the relatives of the husband, observing that many times the relatives living in distant places also harass …
Wife can file complaints against distant relatives Read More »
