Either Party To Marriage Can Marry Again If No Appeal Filed Against Ex-Parte Divorce Decree Within Limitation Period: Delhi High Court
1 year, 10 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 to marry again only after the decree of divorce has become final. “Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation,” the court said. Therefore, in case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.” The court made the observations while dismissing an appeal moved by a wife challenging an order of an Additional District Judge passed in 2006 rejecting her application seeking setting aside of the ex-parte decree of divorce.

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History of this topic

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court
1 month, 1 week ago

BREAKING | Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court

Live Law  

Answering a reference, the Supreme Court today ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void. "A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking …

Allahabad HC’s BIG remark: Marriage between two Hindus cannot be dissolved within a year, until…
1 month, 2 weeks ago

Allahabad HC’s BIG remark: Marriage between two Hindus cannot be dissolved within a year, until…

Live Mint  

The Allahabad High Court has recently reiterated that marriages between Hindus are sacrosanct, or too important or valuable to be interfered with. The Allahabad HC also ruled that the Hindu marriage cannot be dissolved within the first year unless exceptional circumstances are proven. A double-judge bench, comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, pointed out that Section 14 …

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court
1 month, 3 weeks ago

If no 'exceptional hardship', 2 Hindus can't dissolve marriage within a year: Court

India Today  

The Allahabad High Court has observed that marriage between two Hindus is sacrosanct, and it cannot be dissolved within one year of marriage unless there is exceptional hardship or exceptional depravity as provided under the Hindu Marriage Act. A double-judge bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that Section 14 provides for a one-year limitation from …

S.13B Hindu Marriage Act | Consent For Divorce Can Be Unilaterally Withdrawn By A Party Even After Conclusion Of Arguments: Orissa HC
2 months, 1 week 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 …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
3 months, 1 week 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 …

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

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC
9 months, 1 week ago

[Hindu Marriage Act] Bar Against Remarriage Not Applicable If Delay In Filing Matrimonial Appeal Is Not Satisfactorily Explained: Gauhati HC

Live Law  

The Gauhati High Court on Wednesday dismissed an Interlocutory Application filed by a woman for condonation of 122 days of delay in preferring the matrimonial appeal which challenged an ex-parte divorce decree passed by the District Court, on the ground that the bar of Section 15 of the Hindu Marriage Act would not be applicable in the case and delay …

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, 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 …

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 …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 1 month ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
1 year, 1 month 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 …

[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, …

Hindu Marriage is Invalid Without Rituals: Allahabad HC
1 year, 5 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 …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 6 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 …

Supreme Court's BIG order on divorce, 6-month mandatory waiting period
1 year, 10 months ago

Supreme Court's BIG order on divorce, 6-month mandatory waiting period

India TV News  

Supreme Court's BIG order on divorce, 6-month mandatory waiting period Supreme Court order on divorce: The mandatory waiting period of 6 months for divorce through mutual consent can be dispensed with subject to conditions, the apex court bench added. Supreme Court order on divorce: In a significant order, the Supreme Court on Monday held that it can dissolve marriages on …

Delhi High Court Restrains Husband From Pursuing Matrimonial Case In Canada During Pendency Of Divorce Petition Filed By Wife In India
2 years, 8 months ago

Delhi High Court Restrains Husband From Pursuing Matrimonial Case In Canada During Pendency Of Divorce Petition Filed By Wife In India

Live Law  

The Delhi High Court has taken a serious view of a case wherein the Husband deliberately avoided service in the divorce proceedings filed by his wife in India, refused to appear before the Court here and filed a separate divorce case in Canadian Court. Observing that the multiplicity of divorce proceedings before the Courts in India and Canada could result …

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, 11 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 …

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

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

Is 'Denial Of Sex' Sufficient Cause To Condone 1Yr Waiting Period For Filing Divorce Under Hindu Marriage Act? Delhi High Court To Examine
3 years, 3 months ago

Is 'Denial Of Sex' Sufficient Cause To Condone 1Yr Waiting Period For Filing Divorce Under Hindu Marriage Act? Delhi High Court To Examine

Live Law  

The Delhi High Court is set to examine whether denial of sex by married parties to each other itself is sufficient to cause 'exceptional hardship' under Section 14 of the Hindu Marriage Act, 1955, so as to waive off the one year waiting period for filing a divorce petition. Observing that the issue needs consideration, Justice Vipin Sanghi and Justice …

Lower Court's Insistence On 6-Month Wait Uncalled For, Marriage Irretrievably Broken: Punjab & Haryana High Court Waives Off Six Months Period
3 years, 9 months ago

Lower Court's Insistence On 6-Month Wait Uncalled For, Marriage Irretrievably Broken: Punjab & Haryana High Court Waives Off Six Months Period

Live Law  

The Punjab & Haryana High Court recently observed that approach adopted by the lower Court in insisting the parties to wait for another six months for a second motion hearing, when when the marriage between the parties has irretrievably broken, is totally uncalled for.The Bench of Justice Arun Monga Said:"The marriage between the parties has irretrievably broken and now they …

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court
4 years ago

Exception Of Customary Divorce U/S 29(2) Hindu Marriage Act Not Attracted In Absence Of Declaration From Civil Court Regarding Its Validity: Calcutta High Court

Live Law  

The Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29 of the Hindu Marriage Act. The Apex Court had categorically observed, "the requirement to claim benefit of prevalence of customary right to divorce in a community must be specifically pleaded and established by the person propounding such custom…" Background …

'Panchayati Divorce' Has No Legal Sanctity, Such Customs Ceased To Exist After Formulation Of Hindu Marriage Act: P&H High Court
4 years, 1 month ago

'Panchayati Divorce' Has No Legal Sanctity, Such Customs Ceased To Exist After Formulation Of Hindu Marriage Act: P&H High Court

Live Law  

While noting that the Hindu Marriage Act, 1955 is a complete Code and provides for the conditions of marriage as well as the procedure for divorce, the Punjab and Haryana High Court last month clarified that a 'Panchayati' divorce has no recognition in the eyes of law. It was further submitted that petitioner No.1 was earlier married to one Mandeep …

Marriage Contracted During Pendency Of Appeal From A Divorce Decree Filed After Expiry Of Limitation Period Is Not Void: SC [Read Judgment]
5 years, 1 month ago

Marriage Contracted During Pendency Of Appeal From A Divorce Decree Filed After Expiry Of Limitation Period Is Not Void: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a marriage contracted during the pendency of an appeal from a divorce decree is not ab initio void especially when such an appeal is filed after expiry of the period of limitation. Referring to Sections 5, 11 and 15 of the Hindu Marriage Act, 1955, the bench of Justices Indira Banerjee and MR Shah …

Rajasthan HC Sets Period Of Limitation For Preferring An Appeal From A Decision Of The Family Court As 90 Days [Read Judgment]
5 years, 4 months ago

Rajasthan HC Sets Period Of Limitation For Preferring An Appeal From A Decision Of The Family Court As 90 Days [Read Judgment]

Live Law  

A division bench of the Rajasthan High Court while harmonizing the provisions contained under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu Marriage Act, 1955, held that the period of limitation for preferring an appeal from a decision of the Family Court is 90 days. The order addresses the confusion created by the two …

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]
5 years, 8 months ago

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that irretrievable breakdown of marriage alone cannot be a ground of divorce and can only be considered as a circumstance by the Court if it is merged with cruelty. Moreover the Family Court observing that the marriage was dead for all purposes since they had been living separately, ordered it to be dissolved, for …

A Decade After Man’s Death, Delhi HC Allows His Wife’s Appeal Against Divorce [Read Judgment]
6 years, 4 months ago

A Decade After Man’s Death, Delhi HC Allows His Wife’s Appeal Against Divorce [Read Judgment]

Live Law  

Ten years after the death of her husband, a lady’s appeal against divorce decree granted by the family court has been allowed by the Delhi High Court.In 2007, the family court had dissolved their marriage observing that they had reached to a point of no return and their marriage had broken down irretrievably. Ten years after the death of her …

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
6 years, 4 months ago

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]

Live Law  

‘Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce.The Kerala High court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex …

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
6 years, 4 months ago

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]

Live Law  

‘Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce.The Kerala High court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex …

Despite Settlement Agreement, Courts Cannot Compel Party To Consent To Mutual Divorce: Delhi HC [Read Judgment]
6 years, 10 months ago

Despite Settlement Agreement, Courts Cannot Compel Party To Consent To Mutual Divorce: Delhi HC [Read Judgment]

Live Law  

In a significant judgment, the Delhi High Court on Tuesday asserted that Courts cannot compel a party to give their consent for divorce by mutual consent despite them having entered into a settlement agreement under Section 13B of the Hindu Marriage Act.The Bench comprising Justice Hima Kohli and Justice Deepa Sharma was hearing a reference by a Single Judge posing …

Consent Divorce Decree Appealable If Consent Is Disputed And In The Absence Of Inquiry By Court: Allahabad HC [Read Order]
6 years, 11 months ago

Consent Divorce Decree Appealable If Consent Is Disputed And In The Absence Of Inquiry By Court: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court has held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court.In this case, the wife had approached the high court contending that the consent decree was obtained by fraud by getting her signatures on the petition …

Consent Divorce Decree Appealable If Consent Is Disputed And In The Absence Of Inquiry By Court: Allahabad HC [Read Order]
6 years, 11 months ago

Consent Divorce Decree Appealable If Consent Is Disputed And In The Absence Of Inquiry By Court: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court has held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court.In this case, the wife had approached the high court contending that the consent decree was obtained by fraud by getting her signatures on the petition …

Six-month ‘cooling period’ for granting divorce can be waived: Supreme Court
7 years, 6 months ago

Six-month ‘cooling period’ for granting divorce can be waived: Supreme Court

India TV News  

The Supreme Court today held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple. The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the …

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory:SC [Read Judgment]
7 years, 6 months ago

Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory:SC [Read Judgment]

Live Law  

Settling a contentious issue, a two Judge Bench of Supreme Court comprising Justices AK Goel and UU Lalit held that the 6 months waiting period prescribed under Section 13B of Hindu Marriage Act for divorce by mutual consent is not mandatory, and can be waived under certain circumstances.There were conflicting views by the Supreme Court on this point. Settling a …

Maintenance Under DV Act Cannot Be Denied Solely Because The Grievance Arose In Second Marriage: Delhi HC [Read Judgment]
7 years, 7 months ago

Maintenance Under DV Act Cannot Be Denied Solely Because The Grievance Arose In Second Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently set aside a lower Court order, which had denied maintenance to the wife under the Protection of Women from Domestic Violence Act, 2005 solely because she was married before.“The incidences of domestic violence have been enumerated in Section 3 of the Act which defines domestic violence and it includes physical, verbal, emotional and economic abuse. …

Divorce without cooling off period
8 years, 4 months ago

Divorce without cooling off period

Deccan Chronicle  

New Delhi: The Supreme Court has granted divorce to a lawyer couple, invoking its inherent powers, and waiving off the cooling off period of minimum six months under the Hindu Marriage Act. A bench of Justices Kurian Joseph and R.K. Agrawal passed this order while dismissing a writ petition filed by the wife to declare the marriage held over seven …

Child marriage will not become void automatically: Madras High Court
9 years ago

Child marriage will not become void automatically: Madras High Court

Deccan Chronicle  

Madurai: The Madras High Court here has held that a wedding between minor girl and boy will not become void automatically without either of them obtaining a decree of divorce from family court within two years of their attaining the legal age for marriage. A division bench here comprising justices S Manikumar and C T Selvam gave the ruling while …

Child marriage will not automatically become void: HC
9 years ago

Child marriage will not automatically become void: HC

India TV News  

Madurai: The Madras High Court here has held that a wedding between minor girl and boy will not become void automatically without either of them obtaining a decree of divorce from family court within two years of their attaining the legal age for marriage. A division bench here comprising justices S Manikumar and C T Selvam gave the ruling while …

Two Year Waiting Period for Divorce; Supreme Court to examine whether Christian Divorce Law [S.10 of Divorce Act] Discriminatory
9 years, 11 months ago

Two Year Waiting Period for Divorce; Supreme Court to examine whether Christian Divorce Law [S.10 of Divorce Act] Discriminatory

Live Law  

The Supreme Court of India today agreed to examine the plea whether the stipulation of a period of two years as the minimum mandatory period of separate residence as a condition for Divorce in S.10A of the Divorce Act discriminatory. In Saumya Ann Thomas vs. Union of India & others a Division Bench of the Kerala High Court examined the …

Two Year Waiting Period for Divorce; Supreme Court to examine whether Christian Divorce Law [S.10 of Divorce Act] Discriminatory
9 years, 11 months ago

Two Year Waiting Period for Divorce; Supreme Court to examine whether Christian Divorce Law [S.10 of Divorce Act] Discriminatory

Live Law  

The Supreme Court of India today agreed to examine the plea whether the stipulation of a period of two years as the minimum mandatory period of separate residence as a condition for Divorce in S.10A of the Divorce Act discriminatory. In Saumya Ann Thomas vs. Union of India & others a Division Bench of the Kerala High Court examined the …

'Breakdown of marriage' could now make divorce easier
12 years, 11 months ago

'Breakdown of marriage' could now make divorce easier

Firstpost  

The breakdown of marriage could now be made a ground for divorce in India Unhappy Indian couples may be able to end their marriages much faster now. A report in The Hindustan Times said, “The government wants changes in the Hindu Marriage Act of 1955 and Special Marriage Act of 1954 to provide ‘irretrievable breakdown of marriage’ as a new …

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