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 of the family court directing him to. 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 of the family court directing him to pay Rs. Noting that a Hindu marriage can not be dissolved by a unilateral declaration executed on a stamp paper worth Rs.

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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. …

Husband Must Obtain Judicial Declaration for Dissolution of Marriage: Madras High Court
1 month, 3 weeks ago

Husband Must Obtain Judicial Declaration for Dissolution of Marriage: Madras High Court

Live Law  

The Madras High Court has ruled that when a Muslim wife disputes the issuance of talaq by the Muslim husband, it is upon the husband to obtain a judicial declaration that marriage is validly dissolved. The court observed that Talaq under Muslim personal laws involved a certain procedure which had to be strictly complied. The court thus observed that if …

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 …

‘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 …

‘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 …

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 …

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

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

Live Law  

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

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

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

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

Live Law  

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

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

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 …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
10 months, 3 weeks 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, …

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 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 …

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 …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 5 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

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 …

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 …

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 …

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 …

'Marriage Dissolved, Chargesheet U/S 498A Without Any Substance': Karnataka HC Quashes Proceedings
2 years, 2 months ago

'Marriage Dissolved, Chargesheet U/S 498A Without Any Substance': Karnataka HC Quashes Proceedings

Live Law  

The Karnataka High Court while quashing a case registered by a woman against her ex-husband and in-laws under section 498-A said the charge sheet filed on the basis of omnibus and general allegations is without any substance. They returned to India in the year 2016 and during their stay in India, respondent No.2 was harassed by accused to bring dowry …

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28
2 years, 3 months ago

Can Marriage Be Dissolved Exercising Article 142 Powers? Supreme Court Constitution Bench To Start Hearing From Sep 28

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, stated that from 28th September, 2022 it is to commence with the hearing of the matter where its indulgence is sought to consider the extent of its powers under Article 142 of the Constitution of India, 1950, to dissolve marriage. The Constitution Bench reference emanates from a Transfer petition, wherein pursuant …

Arya Samaj Certificate Alone Cannot Prove Marriage: Allahabad High Court
2 years, 3 months ago

Arya Samaj Certificate Alone Cannot Prove Marriage: Allahabad High Court

News 18  

Taking serious note of frequent use of marriage certificates issued by the Arya Samaj societies, the Allahabad High Court has said that they are misusing beliefs in organising marriages without considering the genuineness of documents. Hearing a habeas corpus petition, the court observed that Arya Samaj societies were issuing marriage certificates without proper solemnisation of marriages, and added that marriage …

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
2 years, 4 months ago

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband. The bench comprising Justice Alka Sarin further added that even before this Court, the counsel for the decree-holder/wife has not been …

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. …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
2 years, 11 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court
3 years, 2 months ago

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court

Live Law  

The Supreme Court has held that in a proceedings under the Hindu Marriage Act between a husband and a wife, a relief against a third party cannot be claimed.The Court held so while rejecting a wife's plea to seek a declaration that the alleged marriage between her husband and another woman was void. The Supreme Court has held that in …

No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers
3 years, 3 months ago

No Point In Persuading Them To Live Together : Supreme Court Dissolves An 'Emotionally Dead' Marriage Invoking Article 142 Powers

Live Law  

The marriage between the parties is emotionally dead and there is no point in persuading them to live together any more, the Supreme Court remarked while it dissolved a marriage invoking its powers Article 142 of the Constitution.In this case, the husband had filed divorce petition on the ground of cruelty and desertion by wife. The marriage between the parties …

'They Resided Together Only For Two Days': P&H HC Condones Mandatory Period Of 1Yr For Filing Divorce Petition; Dissolves Marriage Of 'Young Couple'
3 years, 3 months ago

'They Resided Together Only For Two Days': P&H HC Condones Mandatory Period Of 1Yr For Filing Divorce Petition; Dissolves Marriage Of 'Young Couple'

Live Law  

Last month, the Punjab and Haryana High Court granted a divorce decree to a couple who had stayed together only for two days after they had gotten married.A Division Bench of Justice Ritu Bahri and Justice Archana Puri went on to allow the application filed by the couple under Section 14 of the Hindu Marriage Act wherein they had prayed …

Customary Divorces under Hindu Law
3 years, 4 months ago

Customary Divorces under Hindu Law

Live Law  

Introduction Prior to the codification of personal laws in India, marriages and divorces were entirely based on the rituals and practices which were customary in nature. The Delhi High Court, while upholding the precedence of Section 29, held that "The opening words of this Sub-section viz 29 "Nothing contained in this Act shall be deemed to affect any right" leave …

Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: Supreme Court
3 years, 5 months ago

Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: Supreme Court

Live Law  

Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family, the Supreme Court observed in a judgment delivered on Wednesday.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed that the acts of the parties may lead to the inference that parties reunited after previous partition.In this case, a partition dated. …

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
3 years, 9 months 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 …

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court
3 years, 10 months ago

Unilateral Withdrawal Of Consent From Joint Divorce Petition, After Other Party Has Performed Obligations Under Agreement, Cannot Be Permitted : Kerala High Court

Live Law  

The Kerala High Court has delivered a notable judgment holding that unilateral withdrawal of consent by a spouse from a joint petition filed for divorce, after the other party has performed his/her obligations under the agreement, is unsustainable in law.The Court termed it a "sharp practice, which cannot be permitted or tolerated for a moment as it would shatter the …

'Panchayati Divorce' Has No Legal Sanctity, Such Customs Ceased To Exist After Formulation Of Hindu Marriage Act: P&H High Court
3 years, 10 months 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 …

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court
3 years, 11 months ago

Breaking: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court

Live Law  

In an important judgment, Allahabad High Court has held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory.Justice Vivek Chaudhary observed that making such publication mandatory would invade in the fundamental rights of liberty and privacy, including within its. In an important judgment, …

SC dismisses plea against Allahabad HC order which held 'conversion for marriage is unacceptable'
4 years ago

SC dismisses plea against Allahabad HC order which held 'conversion for marriage is unacceptable'

Firstpost  

The plea sought a declaration that the observations made by the high court are incorrect in view of the freedom of religion and freedom to choose a life partner as guaranteed under the principles of the Constitution of India New Delhi: The Supreme Court on Wednesday refused to entertain a plea seeking to challenge Allahabad High Court order by which …

Supreme Court Allows Divorce By Mutual Consent: A Milestone in Matrimonial Dispute Resolution
6 years, 9 months ago

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

Live Law  

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

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