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 be a 'pious' and 'spiritual' union in Indian society, a strait-jacket formula for the grant of relief of divorce under Article 142 on the ground of 'irretrievable break down of marriage' may not be desirable. It has also laid down that this discretionary power could be exercised for dissolving the marriage on the ground of its irretrievable break down to do “complete justice,” though one of the spouses opposes the prayer for dissolution of marriage.” Considering the facts of the case, the Court refused to grant a decree of divorce since the respondent wife had expressed her willingness to take care of her husband and informed the court that she did not wish to die with the label of being a 'divorced woman'. “Under the circumstances, considering and respecting the sentiments of the respondent wife, the Court is of the opinion that exercising the discretion in favour of the appellant under Article 142 by dissolving the marriage between parties on the ground that the marriage has irretrievably broken down, would not be doing “complete justice” to the parties, would rather be doing injustice to the respondent, “ the Court stated in its order.

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History of this topic

For divorces in India, the process is the punishment
1 week, 3 days ago

For divorces in India, the process is the punishment

India Today  

On July 15, 2024, the legal counsel of Omar Abdullah, the now Chief Minister of Jammu and Kashmir, said in the Supreme Court that his marriage had been irretrievably "dead" as he and his spouse had lived apart for 15 years. HOW DIVORCE LAWS MISUSED IN INDIA, PROCESS IS PUNISHMENT "Let’s start with how, after filing for divorce, a person …

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court
1 month ago

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court

Live Law  

The Calcutta High Court has observed that it is high time that irretrievable breakdown of marriage is recognised as a ground for divorce under Indian law, by reading it into the grounds of cruelty or desertion, like it is in the UK.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:It transpires from the consistent conduct and lack of …

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

‘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 …

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 …

Wife's Suit For Declaration Of Right In Ex-Husband's Property Maintainable Before Family Court: Karnataka High Court
4 months, 2 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 …

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
4 months, 3 weeks ago

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court

Live Law  

The Kerala High Court has held that a woman who complains of being in a loveless relationship with her husband who is allegedly living a wayward life and acting under the influence of alcohol would not be able to enumerate each and every incident of cruelty. The Family Court held that the disputes between the parties were part of 'ordinary …

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases
4 months, 3 weeks ago

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases

Hindustan Times  

On July 15, a division bench of the Supreme Court pronounced an interesting judgment, coming down heavily on a couple for committing bigamy and sentencing a woman and her second husband to six months in jail each. While enhancing the punishment imposed by the Madras High Court, the apex court went on to chastise the High Court’s sentence of ‘imprisonment …

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered
5 months ago

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered

Live Law  

The Supreme Court, while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. With respect to the husband's financial capacity, the Court said that his actual income, reasonable expenses for his own maintenance, and any dependents he is legally obligated to support should be examined. Respondent-husband has certain obligations towards three …

AIMPLB may challenge SC ruling on alimony to divorced Muslim women
5 months, 1 week ago

AIMPLB may challenge SC ruling on alimony to divorced Muslim women

Hindustan Times  

Lucknow and Meerut: The All India Muslim Personal Law Board is likely to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’. “Our legal committee’s findings will guide our next steps, which could include filing a review petition.” In contrast, the All India Shia Personal Law Board has …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
5 months, 1 week ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
5 months, 1 week ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

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 …

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 …

Marriage, a chaotic construct!
6 months, 3 weeks ago

Marriage, a chaotic construct!

New Indian Express  

Critiques of marriage as an institution occur within a world in which the institution holds all kinds of power, which is why people who are critical of it may get married anyway. Pragmatically speaking, being legally married may be the best if not only way to ensure that one’s partner’s role in one’s life — or one’s role in their …

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court
6 months, 4 weeks ago

Unfounded Allegation On Character Of Spouse Is Cruelty, Can Be Grounds For Dissolution Of Marriage: Karnataka High Court

Live Law  

The Karnataka High Court recently allowed an appeal filed by a woman challenging the order of the trial court dismissing her petition seeking divorce and held that unfounded allegation on the character of a spouse causes mental cruelty and can be a ground for dissolution of marriage. It was stated that three years after the marriage, the respondent started torturing …

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 …

Family court in Indore orders wife to give maintenance to jobless husband
10 months ago

Family court in Indore orders wife to give maintenance to jobless husband

Op India  

On Thursday, a family court in Indore ordered a wife to give Rs 5000 per month as maintenance to her jobless husband while giving a verdict on their plea to get separated. Section 24 says, “Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has …

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC
10 months, 2 weeks ago

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court, while upholding a couple's divorce on the grounds of cruelty by the wife, has observed that a wife should not be a constant reminder of one’s financial limitations and one must tread carefully between the needs, wants, and desires. "A wife should not be a constant reminder of one’s financial limitations. Pressurizing spouse to …

'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man
11 months, 3 weeks ago

'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man

Op India  

On December 22, 2023, the Madra High Court upheld the annulment of a marriage, holding that while Islamic Law allows polygamy, equal treatment of all wives is essential and failing to do so amounts to cruelty. Under Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wife equally,” the court observed. On that …

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, …

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife
11 months, 3 weeks ago

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife

Live Law  

The Madras High Court recently observed that although Islamic Law allowed a husband to have polygamous marriages, he was obligated to treat all the wives equally. The bench of Justice RMT Teekaa Raman and Justice PB Balaji thus confirmed a family court order allowing dissolution of marriage finding that the husband had treated the wife with cruelty by not treating …

DC Edit | Let society evolve; resist return of regressive laws
1 year, 1 month ago

DC Edit | Let society evolve; resist return of regressive laws

Deccan Chronicle  

The recommendation of the parliamentary consultative committee for the Union home ministry to re-criminalise adultery “to protect the institution of marriage” may fit right into the authoritarian agenda of the ruling dispensation but will militate against modern values which prize personal liberty and freedom of conscience and allows every adult their own agency while limiting scope for state interference in …

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court
1 year, 1 month ago

S.19 Hindu Marriage Act | Wife Residing In Australia Can't Invoke Jurisdiction Of Indian Court Where She Briefly Visited: Allahabad High Court

Live Law  

The Allahabad High Court has held that though the term 'residing' appearing in Section 19 of the Hindu Marriage Act, 1955 is not defined under the Act, a casual visit to a place will not grant jurisdiction to the Court in that area to adjudicate upon divorce proceedings. The bench comprising of Justices Saumitra Dayal Singh and Syed Aftab Husain …

[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 …

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 2 months ago

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce

Live Law  

The Delhi High Court has observed that for a married couple to be deprived of the conjugal relationship and of each other’s company is an act of extreme cruelty.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order granting divorce to a husband under Section 13 of the Hindu Marriage Act, 1956, …

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 …

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 …

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court
1 year, 3 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 …

From the India Today archives (2022) | How a Uniform Civil Code can affect divorce
1 year, 5 months ago

From the India Today archives (2022) | How a Uniform Civil Code can affect divorce

India Today  

The constitutional objective of a Uniform Civil Code is to frame religion-neutral common laws on marriage, divorce and inheritance for all Indians. DIVORCE LAWS FOR HINDUS * Under the Hindu Marriage Act, 1955, the husband or wife can seek divorce on nine grounds. DIVORCE LAWS FOR MUSLIMS * Under Islamic law, divorce is classified into three categories: talaq or divorce …

Law Does Not Recognise Live-In Relationship As Marriage, Couples Living Together By Virtue Of Agreement Can't Seek Divorce: Kerala High Court
1 year, 6 months ago

Law Does Not Recognise Live-In Relationship As Marriage, Couples Living Together By Virtue Of Agreement Can't Seek Divorce: Kerala High Court

Live Law  

The Kerala High Court recently held that the law does not recognise a live in relationship as marriage and hence such a relationship cannot be recognised for the purpose of divorce either. The law only allows parties to divorce if they are married under a recognised form of marriage as per personal law or secular law, the Court observed. The …

Marriage for all, even if for a few
1 year, 7 months ago

Marriage for all, even if for a few

The Hindu  

In a reality show, “Fabulous Lives of Bollywood Wives”, Sima Taparia of the series, “Indian Matchmaking”, was asked about the possibility of matching for queer couples. Even as season three of her show dropped, the Supreme Court began hearing the case for marriage equality within the ambit of the Special Marriage Act. If the court rules in favour of expanding …

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 …

SC verdict likely on May 1 on dissolution of marriage without referring to courts
1 year, 7 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to courts

Deccan Chronicle  

New Delhi: The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of …

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 …

Man can divorce wife if she tries to separate him from his parents: Calcutta HC
1 year, 8 months ago

Man can divorce wife if she tries to separate him from his parents: Calcutta HC

Hindustan Times  

The Calcutta High Court has ruled that a husband can file for divorce on the grounds of “mental cruelty” - if his wife “tries to forcefully separate him from his parents”. The court made the observation while hearing a woman's plea challenging a family court's decision to grant her husband divorce. Om March 31, a division bench of justices Soumen …

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'
1 year, 10 months ago

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'

News 18  

A single-judge bench of the Bombay High Court of SG Mehare recently dismissed a revision plea filed by a husband while noting that he cannot claim that after customary divorce, the domestic relationship ceased, and the wife is not entitled to reliefs under the Domestic Violence Act. The order reads, “In other words, even if an aggrieved person is not …

Kerala HC cites Quran to hold Muslim woman's right to 'Khula', AIMPLB says husband can reject it
2 years, 1 month ago

Kerala HC cites Quran to hold Muslim woman's right to 'Khula', AIMPLB says husband can reject it

Op India  

The Kerala High Court last week dismissed a review petition filed by a man challenging the divorce granted to his wife under the Dissolution of Muslim Marriages Act,1939, holding that a Muslim woman has the absolute right to dissolve her marriage at will and does not need her husband’s consent for it. “We declared that the right of a Muslim …

Husband can reject Khula demand: Muslim Personal Law Board
2 years, 1 month ago

Husband can reject Khula demand: Muslim Personal Law Board

The Hindu  

November 03, 2022 10:33 pm | Updated November 04, 2022 01:12 am IST - NEW DELHI In a move likely to have far reaching ramifications, the All India Muslim Personal Law Board on Thursday pronounced that a Muslim woman does not enjoy a unilateral right to end her marriage through Khula. The Board’s response comes in the wake of Kerala …

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 …

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 …

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