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Divorce Issue

New Rules for Divorce in India in 2023 | Lead India Law Firm

New Rules for Divorce in India in 2023 | Lead India Law Firm

If the parties believe they cannot continue the marriage, they will not hesitate to file for divorce. The courts develop laws to settle divorce disputes and offer fairness to both parties. It’s important to emphasize that these revisions are part of the 2023 update to the Hindu Marriage Act, which exclusively applies to Hindus. Other …

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Can a wife claim maintenance if she is highly educated and earning?

Can a wife claim maintenance if she is highly educated and earning?

Maintenance refers to the sum that the husband must give to the wife (or vice versa) if she is incapable of supporting herself either during the marriage or after a divorce. Essentials like food, clothing, and shelter should be included in maintenance along with reasonable needs for a regular lifestyle, financial security, and well-being. The …

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Ground Breaking Ruling On Maintenance For Illegal Marriages

Ground Breaking Ruling On Maintenance For Illegal Marriages

Marriage is a sacred institution that bestows legal rights and responsibilities upon spouses. In a significant ruling, the Indian legal system has acknowledged the entitlement of a “wife” to maintenance under Section 125 of the Code of Criminal Procedure (CrPC), even if the marriage itself was not legally recognized.  This progressive interpretation by the courts …

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Maintenance for Working Women in India After Divorce: Legal Rights, Provisions, and Entitlements

Maintenance for Working Women in India After Divorce: Legal Rights, Provisions, and Entitlements

The Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and Bhartiya Nagrik Suraksha Sanhita, 2023 are the laws which regulate the maintenance of India.  Both men and women have the right to get maintenance which is also known as alimony. Even working women have equal rights to maintenance if they are unable …

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Waived off waiting period of six months of mutual divorce

Waived off waiting period of six months of mutual divorce

Divorce is an unfortunate reality for some couples. However, with the introduction of the Hindu Marriage Act in 1955, the divorce process has become simpler and less time-consuming. Sec-13B of HMA 1955 deals with divorce by mutual consent. In consensual divorce, both parties mutually agree to end the marriage and move on with their lives.  …

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