‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
3 months, 1 week 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 final order is passed, PTI reported. The court said that if one party withdraws their consent before the final decision, it cannot proceed with the divorce based on the initial consent. This was challenged in the high court, which overturned the decision, stressing that the consent for divorce must be valid at the time of the final order.

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History of this topic

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide
1 month, 1 week ago

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide

Live Law  

The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955, which grants legitimacy to children born out of …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
1 month, 1 week 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. …

Hindu marriage can’t be dissolved as a contract: Allahabad High Court
3 months, 1 week 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 …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
3 months, 1 week 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 …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
3 months, 2 weeks ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

Allahabad HC grants divorce to husband on grounds of cruelty by wife
3 months, 2 weeks ago

Allahabad HC grants divorce to husband on grounds of cruelty by wife

Hindustan Times  

The Lucknow bench of the Allahabad high court in a family matter has ruled that if a wife declines to cohabit with her husband and forces him to live in a separate room, her actions will amount to cruelty. The court said by doing so, the wife deprives her husband of his conjugal rights. After hearing the matter, the bench …

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC
5 months, 2 weeks ago

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC

Live Law  

The Allahabad High Court has held that marriage cannot be presumed irretrievably broken down just because there has been a long separation period between the parties. The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held that “The decisions of the Supreme Court do not lay down a rule of thumb that the marriage may be presumed to …

Court Is Neither Counsellor Nor Executioner To Compel Parties To Continue With 'Unworkable Marriage': Telangana High Court
5 months, 3 weeks 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 …

Divorce must be granted if cruelty is proven: Allahabad HC
6 months, 1 week ago

Divorce must be granted if cruelty is proven: Allahabad HC

Hindustan Times  

Dissolving a marriage, the Lucknow bench of the Allahabad high court has ruled that once cruelty is proven, the suit for divorce must be decreed. The court overturned a family court’s decision that dismissed a husband’s suit for divorce while allowing his wife’s suit for restitution of conjugal rights, despite clear evidence of cruelty inflicted upon the husband by the …

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court
6 months, 2 weeks ago

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court

Live Law  

The Allahabad High Court has held that once the finding regarding cruelty has been recorded by the Family Court, marriage between the parties ought to be dissolved. The Court held that the grounds of divorce provided in Section 13 of the Hindu Marriage Act are mutually exclusive and if any one of the grounds is made out, the divorce ought …

'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court
8 months, 2 weeks ago

'Kanyadaan' not necessary for solemnising marriage under Hindu Marriage Act: Allahabad High Court

The Hindu  

The Allahabad High Court has held that ‘kanyadaan’ is not necessary for solemnisation of marriage under the Hindu Marriage Act, and only ‘saptapadi’ is an essential ceremony. A Bench of Justice Subhash Vidyarthi made the observation while hearing a revision petition filed by one Ashutosh Yadav, who had stated that his marriage under the Act mandated a ‘kanyadaan’ ceremony, which …

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC
8 months, 2 weeks ago

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC

Hindustan Times  

Dismissing a plea for summoning the witnesses of a criminal case again, the Lucknow bench of the Allahabad high court has held that as per the Hindu Marriage Act, the ceremony of “Kanyadan” is not essential for solemnisation of a Hindu marriage. The court said that Section 7 of the Act provides only “Saptpadi” as an essential ceremony of a …

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
8 months, 2 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 …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
9 months, 1 week 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
9 months, 1 week 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
9 months, 2 weeks 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 …

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC
9 months, 3 weeks 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 …

Delhi High Court upholds law barring marriage of distant relatives
10 months, 4 weeks ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
10 months, 4 weeks ago

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples

Hindustan Times  

The Delhi High Court has upheld the constitutional validity of a provision of the Hindu Marriage Act which prohibits marriages between people who are related to each other through ancestors from their parents' side unless their custom allows them to do so. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, “If the choice of a …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
11 months, 3 weeks 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, …

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 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 …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 2 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, 2 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, 2 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 invalid without 'Saptapadi,' other rituals: Allahabad HC
1 year, 2 months ago

Hindu marriage invalid without 'Saptapadi,' other rituals: Allahabad HC

Op India  

Allahabad High Court has ruled out that Hindu marriages are invalid without ‘Saptapadi’ as well as other sacred ceremonies. Allowing the petition filed by Smriti Singh, the court stated, “It is well settled that the word ‘solemnize’ means in connection with a marriage ‘to celebrate the marriage with proper ceremonies and in due form’. The ‘Saptapadi’ ceremony under the Hindu …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 2 months ago

Hindu Marriage is Invalid Without Rituals: Allahabad HC

News 18  

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 3 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, 3 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 …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 3 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC
1 year, 3 months ago

Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC

Live Law  

The Delhi High Court has made some striking observations with respect to the Hindu Marriage Act 1955 not recognizing incompatibility of a married couple as a ground for divorce, leaving such couples to "suffer acrimonious relationship" with no exit. "Unless the opposite party was shown to be at fault, whether it was for ‘Adultery’, ‘Cruelty’, ‘Desertion’ or other grounds as …

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC
1 year, 3 months ago

Lawyers Can Solemnise ‘Self Respect Marriage’ Under Amended Hindu Marriage Law in Tamil Nadu: SC

News 18  

In a significant order, the Supreme Court on Monday said the lawyers can solemnise ‘Suyamariyathai’ marriages between two consenting adults under the amended Hindu Marriage Act in Tamil Nadu. The Tamil Nadu government, in 1968, had amended one of the provisions of the Act to legalise Suyamariyathai marriages, to radically simplify weddings by shunning mandatory brahmin priests, holy fire and …

Withdrawing Consent For Divorce U/S 13B Hindu Marriage Act Not Contemptuous: Himachal Pradesh High Court
1 year, 6 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 …

Continued Mutual Consent Of Both Parties Necessary For Granting Divorce Decree U/S 13B Hindu Marriage Act: Kerala High Court
1 year, 7 months ago

Continued Mutual Consent Of Both Parties Necessary For Granting Divorce Decree U/S 13B Hindu Marriage Act: Kerala High Court

Live Law  

The Kerala High Court has held that in order to seek divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, there ought to be mutual consent of the parties when they move the court with a request to pass a decree of divorce, as well as at the time when the court is called upon to …

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma
1 year, 7 months ago

A Watershed Moment: SC Order on Divorce Makes Room for Dignity, Mitigates Stigma

The Quint  

In India, laws around marriage and divorce are governed largely by the religious laws like Hindu Marriage Act,1955, the Indian Christian Marriage Act, 1872 and the relevant Muslim laws with the exception of the Special Marriage Act, 1954 wherein the divorce procedures apply to interfaith couples who have registered their marriage under the said Act. In the current case, the …

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling
1 year, 7 months ago

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling

The Hindu  

Not all marriages are happy, and not all divorces are unhappy. Leaning on the “guiding spirit” of Article 142 of the Constitution to do “complete justice” in any “cause or matter”, a Constitution Bench said it could use this extraordinary discretionary power to grant divorce by mutual consent to couples trapped in bitter marriages. It also aims to spare couples …

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court
1 year, 7 months ago

Divorce can be granted on ‘grounds of irretrievable breakdown’: Supreme Court

The Hindu  

The Supreme Court on May 1 held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent, thus sparing them the “misery” of waiting for six to 18 months for a local court to declare the annulment final. Taking this logic …

Continuing in a marriage broken down irretrievably amounts to cruelty, a ground for divorce: SC
1 year, 7 months ago

Continuing in a marriage broken down irretrievably amounts to cruelty, a ground for divorce: SC

The Hindu  

The Supreme Court has held that continuing in a marriage which has broken down irretrievably amounts to cruelty, which is a ground for divorce under the Hindu Marriage Act. A Bench of Justices Sudhanshu Dhulia and J.B. Pardiwala read the ‘irretrievable breakdown of marriage’ into the ground of ‘cruelty’ for divorce under the Act. Irretrievable breakdown of marriage by itself …

Either Party To Marriage Can Marry Again If No Appeal Filed Against Ex-Parte Divorce Decree Within Limitation Period: Delhi High Court
1 year, 8 months ago

Either Party To Marriage Can Marry Again If No Appeal Filed Against Ex-Parte Divorce Decree Within Limitation Period: Delhi High Court

Live Law  

The Delhi High Court has held that either party to a marriage under the Hindu Marriage Act, 1955, can marry again if no appeal is filed against an ex-parte decree of divorce within the period of limitation. A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan said that section 15 of the Hindu Marriage Act enables the parties …

Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says
2 years ago

Marriage Certificate Issued by Arya Samaj Has No Statutory Force, Allahabad High Court Says

News 18  

While dismissing a plea seeking relief of restitution of conjugal rights, the Allahabad High Court recently observed that the marriage certificate issued by Arya Samaj has no statutory force. The court also observed that it was the case where the rites and ceremonies of ‘Saptapadi’ had not taken place in the alleged Hindu marriage and his counsel also had failed …

Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022
2 years ago

Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022

Live Law  

NOMINAL INDEX Irfan Ahmad v. State of U.P. 2022 LiveLaw 506 ORDERS/JUDGMENTS OF THE WEEK Even If Penetration Was Very Slight The Act Would Constitute Rape: Allahabad High Court Case title - Irfan Ahmad v. State of U.P. Count Ad Hoc Period In Granting Pensionary Benefits To Employee With 17 Yrs Of Regular Service Record: Allahabad HC To UP Govt …

Islamic Law Recognizes Muslim Woman's Right To Demand Divorce, Husband's Consent Not Essential: Kerala High Court
2 years, 1 month ago

Islamic Law Recognizes Muslim Woman's Right To Demand Divorce, Husband's Consent Not Essential: Kerala High Court

Live Law  

Observing that Islamic law recognises a Muslim woman's right to demand termination of marriage, the Kerala High Court has ruled that the will of the wife cannot be "related to the will of the husband" who may not be agreeing to the divorce.Dismissing a review petition against a judgment wherein the court had recognized a Muslim woman's right to resort …

Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC
2 years, 2 months ago

Arguments That Reject Theory of Irretrievable Breakdown of Marriage Since It Is Sacrament Do Not Make Any Legal Sense: Jaising Tells SC

Live Law  

A Constitution Bench of the Supreme Court on Wednesday began hearing a batch of petitions raising common questions of law, namely, whether it could exercise its powers under Article 142 to dissolve a marriage, what were the broad parameters to exercise such power, and whether the invocation of such extraordinary powers was allowed in the absence of the mutual consent …

Allahabad High Court rejects two women's plea to recognise their 'marriage'
2 years, 8 months ago

Allahabad High Court rejects two women's plea to recognise their 'marriage'

Firstpost  

The couple contended that the Hindu Marriage Act talks about the marriage of two people and homosexual marriage has not been opposed by the legislation Allahabad: A plea by two women to recognise their “marriage” on the argument that such union was not “opposed” by the Hindu Marriage Act has been rejected by the Allahabad High Court. Opposing their plea, …

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court
2 years, 8 months ago

Dissolution Of Marriage By Mutual Consent Permissible Under Muslim Personal Law: Bombay High Court

Live Law  

Observing that a family court can dissolve the marriage of a Muslim couple by mutual consent under the Muslim Personal Law, the Bombay High Court quashed criminal proceeding against the husband based on the couple's amicable settlement in the Family Court petition. The court noted that under Section 2 of the Muslim Personal Law Act 1937 all property, marriage, dissolution …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 8 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
2 years, 9 months ago

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage

Live Law  

The Delhi High Court has dissolved marriage between a couple living separately for 12 years taking note of the fact that the wife had filed an unsubstantiated criminal complaint against the husband and his family members which caused them immense mental cruelty and agony.Justice Vipin Sanghi and Justice Jasmeet Singh dissolved the marriage by decree of divorce under Sections 13. …

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains
2 years, 10 months ago

What Is The Scope Of Judicial Separation & Divorce Under Hindu Marriage Act, 1955? Delhi High Court Explains

Live Law  

The Delhi High Court has explained the scope of Judicial Separation and Divorce under the Hindu Marriage Act, 1955. "What the Family Court failed to appreciate is that, firstly, it is for the petitioner- who approaches the Family Court, to decide whether he/she wishes to obtain the relief of divorce, or of judicial separation. However, the respondent did not respond …

Spouse Refusing To Accord Divorce On Mutual Consent Despite Being Convinced That Marriage Failed Amounts To Cruelty : Kerala High Court
2 years, 10 months ago

Spouse Refusing To Accord Divorce On Mutual Consent Despite Being Convinced That Marriage Failed Amounts To Cruelty : Kerala High Court

Live Law  

The Kerala High Court has held that if one of the spouses is refusing to accord divorce on mutual consent despite being convinced of the fact that the marriage has failed, it is nothing but cruelty to the other spouse. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas noted that once the court is able to …

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent
2 years, 11 months ago

'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent

Live Law  

The Rajasthan High Court has allowed a joint application filed by the petitioner-wife and the respondent-husband for waiver of six months cooling off period prescribed under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent. In light of the facts and circumstances of the case, particularly the fact that the parties are sufficiently educated and are …

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