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, 6 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 specified under Section 13 of the Act, 1955, no divorce can be granted. The observations were made while dismissing a wife’s appeal challenging a family court order allowing her husband’s petition seeking divorce on the ground of “cruelty” under Section 13 of the Hindu Marriage Act, 1955. “We conclude that in the present case the parties are living separately for 15 years now; there is no chance of reconciliation between the parties and such long separation peppered which false allegations, police reports and criminal trial has become a source of mental cruelty and any insistence either to continue this relationship or modifying the Family Court’s order would only be inflicting further cruelty upon both the parties,” the court observed.

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History of this topic

Denial of right to education as a ground for divorce
4 days, 21 hours ago

Denial of right to education as a ground for divorce

Hindustan Times  

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

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
3 weeks, 1 day ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

Delhi High Court Discharges Lawyer In Criminal Contempt Case, Asks Him To Not Indulge In Aggressive Behaviour In Future
1 month, 1 week ago

Delhi High Court Discharges Lawyer In Criminal Contempt Case, Asks Him To Not Indulge In Aggressive Behaviour In Future

Live Law  

The Delhi High Court has recently discharged a lawyer in a criminal contempt case and asked him not to indulge in aggressive behaviour in the future. The contempt proceeding was referred to the Court after an order was passed in October last year by the Principal Judge, Family Courts of Patiala House Courts. “After having perused the order by which …

Allahabad HC’s BIG remark: Marriage between two Hindus cannot be dissolved within a year, until…
1 month, 3 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 …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months, 1 week ago

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Live Law  

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 of the Act, the relationship of parties living together through a relationship in the …

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

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

The Hindu  

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

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court
3 months ago

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court

Live Law  

The Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty. A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held: "The …

For divorces in India, the process is the punishment
3 months, 1 week 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
4 months 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 …

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

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

Live Law  

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

‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court
6 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
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 …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
6 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 …

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
7 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 …

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC
8 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
9 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 …

Falsely Accusing Spouse Of Extra Marital Relationship, Refusal To Accept Children Constitutes Mental Cruelty: Delhi High Court
10 months, 3 weeks ago

Falsely Accusing Spouse Of Extra Marital Relationship, Refusal To Accept Children Constitutes Mental Cruelty: Delhi High Court

Live Law  

The Delhi High Court has recently observed that falsely accusing a spouse of being in an extra marital relationship and denying parentage of the children constitutes mental cruelty. A division bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that repudiation of the matrimonial bond and refusal to accept the children, who are innocent victims in …

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home
11 months, 2 weeks ago

Delhi HC grants man divorce over wife repeatedly leaving matrimonial home

Hindustan Times  

NEW DELHI: A woman repeatedly leaving her matrimonial home for no fault attributable to the husband amounts to cruelty, a ground for divorce, the Delhi high court said in a recent verdict granting divorce to the couple. In its 23-page verdict, a bench of justices Suresh Kumar Kait and Neena Bansal Krishna allowed the husband’s petition against the family court’s …

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 …

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

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

Hindustan Times  

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

Adultery no grounds to deny parental custody: Delhi High Court
1 year, 1 month ago

Adultery no grounds to deny parental custody: Delhi High Court

Hindustan Times  

An adulterous spouse is not equivalent to an incompetent parent and an extramarital affair of a person cannot be the sole determining factor to deny them custody of a child, the Delhi High Court has ruled. The high court said points for consideration in divorce proceedings and custody matters may be co-related but they are always “mutually exclusive”. The high …

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC
1 year, 1 month 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 …

Delhi High Court upholds law barring marriage of distant relatives
1 year, 1 month 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
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 …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

Redefining Broken Bonds: A Counsellor's Perspective On Divorce And Its Nuances
1 year, 2 months ago

Redefining Broken Bonds: A Counsellor's Perspective On Divorce And Its Nuances

ABP News  

New Delhi January 16: As a counselor witnessing multiple human relationships, divorce is a topic that inevitably surfaces. Beyond Alimony: Redefining Support in the Aftermath Financial independence empowers individuals, especially women, to navigate divorce with dignity. A Call for Compassion and Reform Divorce, in its various forms, remains a sensitive and complex issue – acknowledging its broader scope, prioritizing the …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
1 year, 2 months ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree
1 year, 2 months ago

Cruelty | Intention Not Necessary If Act Complained Of Bad Enough And Per Se Unlawful: Himachal Pradesh High Court Upholds Divorce Decree

Live Law  

The Himachal Pradesh High Court has ruled that levelling baseless accusations of infidelity against a spouse can be grounds for divorce, even if unintentional. A bench comprising Justices Vivek Singh Thakur and Sandeep Sharma has clarified that cruelty can exist even without deliberate or willful intent and the absence of intention shouldn't negate relief for the aggrieved spouse if the …

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court
1 year, 2 months ago

Deprivation of Conjugal Relationship is An Act of Extreme Cruelty: Delhi High Court

News 18  

The Delhi High Court has recently held that the deprivation of conjugal relationships is an act of extreme cruelty. For a couple to be deprived of each other’s company proves that the marriage cannot survive, and such deprivation of conjugal relationships is an act of extreme cruelty.” While granting a decree of divorce under Section 13 of the Hindu Marriage …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year, 2 months ago

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

News 18  

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

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce
1 year, 3 months ago

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce

Live Law  

The Delhi High Court recently upheld divorce granted to a married couple on the ground of cruelty by the wife, observing that her act of harassing and humiliating the husband publicly and portraying him as a “womanizer” in his office is an act of extreme cruelty to him. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal …

Delhi HC rejects wife’s plea seeking enhanced alimony after separation
1 year, 4 months ago

Delhi HC rejects wife’s plea seeking enhanced alimony after separation

Hindustan Times  

Couples who tend to show affluence before marriage pretend to be paupers after separation, the Delhi high court said while rejecting a plea by the wife seeking enhanced alimony from her husband after they parted ways in 2020 within 10 months of marriage. The wife had approached the Delhi high court seeking an enhancement of monthly maintenance to Rs.2 lakh …

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

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

Live Law  

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

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

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

Live Law  

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

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 5 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, 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 …

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
1 year, 6 months ago

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

Live Law  

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient …

Delhi High Court Courts Cannot Be Used As Marriage Facilitators Between Parties In Sexual Offence Cases
1 year, 6 months ago

Delhi High Court Courts Cannot Be Used As Marriage Facilitators Between Parties In Sexual Offence Cases

ABP News  

The Delhi High Court Monday said courts cannot be used as "marriage facilitators" between parties in sexual offence cases. "In this court's opinion, the courts of law cannot be used as a forum for the purpose of facilitating marriages and be used as marriage facilitators by first lodging an FIR alleging that the accused, after establishing physical relations, had refused …

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court
1 year, 6 months ago

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court

Live Law  

The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from …

No law gives right to husband to beat, torture wife: Delhi High Court
1 year, 6 months ago

No law gives right to husband to beat, torture wife: Delhi High Court

India Today  

No law gives the right to a husband to beat and torture his wife, the Delhi High Court held while granting divorce to a woman on the grounds of cruelty and desertion by her husband. The high court said, in this case, it has been proved that the man failed to resume companionship with his wife and not only did …

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court
1 year, 7 months ago

Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court

Live Law  

The Delhi High Court has held that wife's insistence to live separately from other family members of the husband without any justifiable reason can be termed as an act of 'cruelty'.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna added that such acrimonious atmosphere at home cannot be a conducive environment for a married couple to …

How legal are live-in relationships in India? | In Focus podcast
1 year, 7 months ago

How legal are live-in relationships in India? | In Focus podcast

The Hindu  

While still frowned upon in most parts of the country, live-in relationships are becoming increasingly common. In a recent judgement, the Allahabad High Court refused to grant protection to an inter-faith couple in a live-in relationship and even stressed upon the need to create awareness about the emotional and societal pressures and legal hassles that may be created through such …

From the India Today archives (2022) | How a Uniform Civil Code can affect divorce
1 year, 8 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 …

’Love marriages leading cause of most divorces in India,’ says Supreme Court
1 year, 10 months ago

’Love marriages leading cause of most divorces in India,’ says Supreme Court

Live Mint  

The Supreme Court of India has asserted that lover marriages were the leading cause of most divorces in the country. Earlier this month, the top court said it can exercise its powers under Article 142 of the Constitution to grant divorce on the ground of “irretrievable breakdown” of a marriage-- whether it is by mutual consent, or even if one …

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling
1 year, 10 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 …

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