Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution
7 years ago

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution

Live Law  

The Supreme Court has allowed divorce by mutual consent in a matrimonial case by closing a prolonged litigation. The court heard an appeal against a judgment of the High Court of Andhra Pradesh and Telangana and aided the couple in reaching an amicable settlement. The court also directed both parties not to initiate any case or petition or any complaint against each other or the members of the family on both sides.

Hyderabad Law Family Mutual Consent Divorce  prolonged  divorce  terms  bench  end  mutual  judgment  settlement  matrimonial  court  sc  litigation  case  supreme  parties  read  helps  custody

History of this topic

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man
2 days, 13 hours ago

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man

India Today  

The Bombay High Court has quashed an order of the Sangli Civil Court and ruled that a husband's divorce petition will be dismissed if he fails to clear Rs 25,000 in maintenance arrears by June 30, 2025. The order came while hearing a petition filed by the man's wife, challenging the Sangli court's rejection of her plea to strike out …

Denial of right to education as a ground for divorce
1 week, 3 days ago

Denial of right to education as a ground for divorce

Hindustan Times  

I have on my desk a recent judgment of the Madhya Pradesh High Court ’s Indore Bench, indeed heartwarming, which deserves to be followed by all other high courts and affirmed by the nation’s apex court. If the husband or in-laws of a married woman force her to give up her pursuit for education, it will amount to mental cruelty, …

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
1 week, 5 days ago

No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty

Live Law  

While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. If despite objection husband or wife continues …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months, 1 week ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Telangana High Court draws curtains on seven-decade old dispute over ‘non-existent’ land
2 months, 1 week ago

Telangana High Court draws curtains on seven-decade old dispute over ‘non-existent’ land

New Indian Express  

HYDERABAD: The Telangana High Court has brought closure to a civil dispute spanning over seven decades, with the disposal of Civil Suit No. A bench comprising outgoing Chief Justice Alok Aradhe and Justice NV Shravan Kumar pronounced the final orders on the matter on January 9, 2025. The case involved disputes over 254 properties listed in Schedule A, with specific …

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
2 months, 2 weeks ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC
2 months, 2 weeks ago

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC

Live Law  

The Orissa High Court has recently held that consent for divorce can be unilaterally withdrawn by a spouse anytime before the passing of decree granting divorce on the basis of mutual consent, even after conclusion of arguments. Reiterating the significance of 'mutual consent' of spouses for grant of divorce under Section 13-B of the Hindu Marriage Act, the Single Bench …

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC
3 months ago

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC

Live Law  

Justice K. Sujana while referring to Andhra Pradesh High Court's decision in Duvvuri Rami Reddi Vs Duvvudu Papi Reddy and others, which lays down certain principles to be followed while declaring a person of unsound mind, said: The Telangana High Court has underscored that courts must proceed with utmost caution in matters involving persons of unsound mind so that their …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
3 months ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
3 months, 1 week ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
Trending News
3 months, 1 week ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law  

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family
3 months, 1 week ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law  

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
3 months, 2 weeks ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court
Trending News
3 months, 2 weeks ago

Long Separation, Absence Of Cohabitation, Complete Breakdown Of Bonds Between Spouses Is Cruelty U/S 13(1)(ia) HMA: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that long separation, absence of cohabitation, the complete breakdown of all meaningful bonds and the existing bitterness between the spouses must be read as 'cruelty' under Section 13 of the 1955 Act. With this, the Court allowed an appeal filed by the Husband challenging a family court order whereby his application filed under …

Supreme Court orders man to pay wife Rs 5 crore lump sum settlement for divorce
3 months, 2 weeks ago

Supreme Court orders man to pay wife Rs 5 crore lump sum settlement for divorce

India Today  

The Supreme Court has directed a man to pay Rs 5 crore as a lump sum settlement to his wife as permanent alimony after granting the dissolution of their marriage. The verdict was delivered by a bench comprising Justice Vikram Nath and Justice Prasanna V. Varale, who emphasised the need for the husband to fulfil his parental obligations towards the …

SC Criticizes Telugu States District Courts
3 months, 4 weeks ago

SC Criticizes Telugu States District Courts

Deccan Chronicle  

Hyderabad: The Supreme Court was shocked with the conduct of judicial and administration proceedings in the district judiciary of the Telugu states, where judicial officers issued orders on a Sunday in the face of an apex court stay. The apex court expressed apprehensions over the aptitude of the presiding officers of the district courts in the two states, who could …

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce
4 months, 1 week ago

Irretrievable Breakdown Of Relationship, Can't Compel Couple To Live Together Via Judicial Separation: Madhya Pradesh HC Grants Woman Divorce

Live Law  

Finding a woman entitled to a divorce decree, the Gwalior bench of Madhya Pradesh High Court said that once the relationship between the couple had "reached irretrievable breakdown" along with desertion of over five yers, then compelling them to live together won't serve any purpose by granting a "judicial separation" decree. The appellant/wife had filed an appeal under Section 28 …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
4 months, 2 weeks ago

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Live Law  

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing. …

Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court
4 months, 2 weeks ago

Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court

Live Law  

The Allahabad High Court has ruled that to seek dissolution of marriage on the ground of denial of sexual intercourse, it must be demonstrated that this denial has been a consistent and ongoing issue over a prolonged period of time. To seek dissolution of marriage on ground of denial of sexual intercourse, such fact occurrence has to seen to have …

Hindu marriage can’t be dissolved as a contract: Allahabad High Court
6 months, 2 weeks ago

Hindu marriage can’t be dissolved as a contract: Allahabad High Court

Hindustan Times  

In a significant judgment, the Allahabad high court has ruled that a Hindu marriage is not to be dissolved or terminated as a contract. The appeal was filed by the woman against the order passed by the additional district judge, Bulandshahr, in 2011 allowing divorce petition filed on behalf of her husband. Allowing an appeal filed by a woman against …

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
6 months, 2 weeks ago

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Hindustan Times  

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until the …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 2 weeks ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
7 months, 3 weeks ago

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit filed by a wife before the family court to seek a declaration of share in property of her divorced husband as agreed in the terms of divorce, is maintainable. A division bench of Justices Krishna S Dixit and Vijaykumar A Patil dismissed an appeal filed by the ex-husband questioning the jurisdiction …

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court
9 months ago

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court

Live Law  

While allowing a husband's appeal seeking a divorce under the Hindu Marriage Act, the Telangana High Court reiterated that marriage cannot be forced on individuals, and the Court must not act as a hangman or a counsellor to compel the parties to continue living as wife and husband in a loveless marriage. The wife had left the matrimonial home in …

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court
10 months, 1 week ago

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
11 months, 3 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

Couple Entering Into 'Mubarat' Agreement Is Entitled To Declaration Of Dissolution Of Marriage By Family Court: Karnataka HC
11 months, 3 weeks ago

Couple Entering Into 'Mubarat' Agreement Is Entitled To Declaration Of Dissolution Of Marriage By Family Court: Karnataka HC

Live Law  

The Karnataka High Court has reiterated that when the parties have entered into a Mubarat agreement and have decided to dissolve the marriage entered into between them by the said agreement, the Family Court is empowered to consider the application for divorce by mutual consent. The couple argued that under the provisions of the Dissolution of Muslim Marriages Act, 1937 …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
1 year ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court
1 year ago

Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court

Live Law  

The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife
1 year ago

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Live Law  

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent. Regarding the allegation levelled against the husband and his octogenarian parents under Section 313 IPC, the court …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
1 year ago

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

Hindustan Times  

The Allahabad high court has emphasised the need for amending the grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations. The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. Allowing a first appeal moved by a doctor, who had …

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court
1 year, 2 months ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today  

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year, 3 months ago

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC

News 18  

Withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse, the Delhi High Court has said while upholding the divorce granted to a husband by a family court here. Such unilateral withdrawal from divorce by mutual consent thus, amounted to cruelty,” the bench, also comprising Justice Neena Bansal Krishna, …

Telangana HC Closes Marital Dispute Case Amid Police Inaction Charges
1 year, 3 months ago

Telangana HC Closes Marital Dispute Case Amid Police Inaction Charges

Deccan Chronicle  

Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court closed a writ plea of a marital dispute with allegation of theft and police inaction on a complaint. The judge was hearing a writ plea filed by Mohammed Rafeeq Mohinuddin seeking the court's intervention against the inaction of the police, specifically Kalapathar police station house officer, in registering a crime …

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court
1 year, 3 months ago

Hindu Marriage Act | Trial Court Must Wait 18 Months Before Dismissing Plea U/S 13B Even If Parties Trying To Reunite: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 13B of the Hindu Marriage Act, a couple seeking divorce had 18 months to report a settlement between them after filing the petition for divorce by mutual consent. A division bench of Justice K S Mudagal and Justice K V Arvind allowed an appeal and set aside the order of the …

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce
1 year, 4 months ago

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce

Live Law  

The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established. The bench said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if Domestic Violence is proved and in fact, in the instant …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court
1 year, 5 months ago

Hindu Marriage Act Bars Second Marriage When Spouse Living, Consent Of Parties Can’t Confer Validity: Delhi High Court

Live Law  

The Delhi High Court has ruled that once there is a legal bar on the performance of second marriage when either spouse of the parties are living, the consent of such parties cannot confer validity to the second marriage. Noting that both the parties should not have a living spouse according to Section 5 of the Hindu Marriage Act, 1955, …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court
1 year, 5 months ago

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

Live Law  

The Supreme Court observed that a Hindu marriage can be dissolved through a customary divorce deed, provided the existence of such a customary right is established.This is by virtue of Section 29 of the Hindu Marriage Act 1955, which states the none of the provisions of the Act will affect any right recognised by custom or conferred by any special …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 6 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
1 year, 6 months ago

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court

Live Law  

The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B of the Hindu Marriage Act, 1955 in a mechanical manner. The Court noted that the Family Court had made a ‘superficial observation’ regarding the parties living separately for …

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court
1 year, 6 months ago

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court

Live Law  

The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC. "However, as a common knowledge, such second marriage is not tolerated …

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court
1 year, 8 months ago

Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court

Live Law  

The Karnataka High Court has said courts should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year. A single judge bench of Justice Krishna S Dixit said “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession …

Indian court’s verdict expands rights of homemakers and recognises value of chores
1 year, 9 months ago

Indian court’s verdict expands rights of homemakers and recognises value of chores

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A court in India has …

Can A Court Reject Plea For Divorce By Mutual Consent Just Because Husband & Wife Are Residing In Same Premises? Karnataka High Court Says No
1 year, 9 months ago

Can A Court Reject Plea For Divorce By Mutual Consent Just Because Husband & Wife Are Residing In Same Premises? Karnataka High Court Says No

Live Law  

The Karnataka High Court has held that just because an estranged couple are residing under the same roof, a court cannot reject their plea seeking dissolution of marriage by mutual consent, on this ground alone. A single judge bench of Justice Krishna S Dixit allowed a petition filed by a couple and set aside the order of the family court …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 9 months ago

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court

Live Law  

Dismissing a petition for invoking contempt proceedings against the Respondent-wife for violating terms of settlement with her husband, the Himachal Pradesh High Court has ruled that parties have an indefeasible and absolute right to withdraw their consent/petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Justice Satyen Vaidya, while clarifying that the Respondent's right to …

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court
1 year, 10 months ago

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. Observing that obviously the two suits will have their own issues but same is no ground for denying the request for clubbing, the court said: "It is also …

Discover Related