When a marriage breaks down and it cannot be repaired or resolved by the parties then the thought of going through or getting divorce comes into mind, a long, stressful court process can feel overwhelming. Many people think of getting divorce but have fear of getting implicated in a false case or parties think questions …
Can I Get a Divorce in India Without Going to Court? Read More »
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 …
New Rules for Divorce in India in 2023 | Lead India Law Firm Read More »
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 …
Can a wife claim maintenance if she is highly educated and earning? Read More »
Marriage was always thought to be an unbreakable bond between a husband and a wife; therefore, people had never heard of divorce. Only death may separate and end the bond between a husband and wife, according to Manu, a brilliant commentator from ancient India. On the other hand, the divorce laws of today have significantly …
Inability to bear a Child : A ground for divorce? Read More »
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 …
Ground Breaking Ruling On Maintenance For Illegal Marriages Read More »
In India, the concept of maintenance after divorce is governed by the provisions of the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Code of Criminal Procedure, 1973. The entitlement to maintenance, commonly known as alimony, is not exclusive to working women but can be claimed by any spouse who is unable …
Are working women in India entitled to get maintenance after divorce? Read More »
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. …
Waived off waiting period of six months of mutual divorce Read More »
According to the Hindu Marriage Act of 1955, both the husband and the wife have the legal right to file for a divorce on the grounds listed in Section 13 in order to end their marriage. If the divorce is filed by one party, it is called a contested divorce. However, sometimes the couple agrees …
According to the definition, marriage is traditional and in some jurisdictions, especially a union between a man and a woman, an officially acknowledged union of two individuals as partners in a personal relationship. Therefore, we can simply state that the reason why a man and a woman are referred to as life partners is because …
Denial of wife’s Rights by NRI can be grounds for Divorce Read More »
Legal battles in matrimonial disputes can be emotionally and financially exhausting. Often, one spouse, mainly the wife, may not have the financial means to encourage the litigation. Indian law states that this is imbalanced and provides restorative treatment through interim maintenance and litigation expenses. The Hindu Marriage Act, 1955 and other statutes provide clear provisions …
