divorce Archives

Madras HC | PCOS v. Impotency? Divorce on ground of no cohabitation. Is it a legitimate expectation of husband? HC explains while discussing concept of marriage and S. 12(1)(a), HMA

Madras High Court: V. Bhavani Subbaroyan, J., while addressing a very significant issue with respect to a divorce being sought, expressed that:

Case Briefs High Courts

P&H HC | “Panchayati divorce has no recognition in law”; HC grants protection to the couple in spite of holding their marriage illegal

Punjab and Haryana High Court: Alka Sarin, J., heard the instant filed by a couple seeking police help to restrain the respondents

Case Briefs Supreme Court

Malicious allegations against spouse costing him his job and reputation not an attempt to preserve the relationship but a definite case of mental cruelty: Supreme Court

“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party.”

Case Briefs High Courts

Bom HC | Husband making wild allegations that wife, her relatives, secured false certificates to get employment. Does husband’s conduct amount to ‘Mental Cruelty’ to wife? HC explains while upholding Family Court’s decision

Bombay High Court: The Division bench of A.S. Chandurkar and Pushpa V. Ganediwala, JJ., upheld the family court’s finding that “the behaviour

Case Briefs High Courts

Cal HC | When can S. 29(2) of Hindu Marriage Act come to rescue of parties seeking to prove divorce on basis of custom? Read the case of a second ‘wife’ denied widow pension

Calcutta High Court: Sabyasachi Bhattacharyya, J., expressed that: Where a conflict arises between individual conscience of the concerned Judge and judicial conscience,

Case Briefs High Courts

Del HC | Permanent residents of Singapore, residing there since 2012, wife seeks an injunction for suit filed in Singapore by husband regarding matrimonial dispute. HC rejects appeal. Why? Read on

Delhi High Court: The Division Bench of Vipin Sanghi and Rekha Palli, JJ., upheld the Family Court’s decision and directed the parties

Case Briefs High Courts

Bom HC | Is it necessary for the wife to file an application for permanent alimony in ‘writing’ under S. 25 of Hindu Marriage Act? Court unfolds dilemma of ‘oral’ & ‘written’ application

Bombay High Court: Pushpa V. Ganediwala, J., addressed the following substantial questions of law: Whether it is necessary for the wife to

Case Briefs High Courts

Del HC | Can an application under S. 24 HMA survive beyond dismissal of the main divorce proceeding? Read why HC dismissed the application for maintenance pendente lite

Delhi High Court: Prathiba M. Singh, J., dismissed an application filed under Section 24 of the Hindu Marriage Act on finding no

Case Briefs Supreme Court

Restitution of conjugal rights| Read how Supreme Court imparted justice to a woman despite rejecting her Transfer Petition

“While the hardship, both social and financial, pleaded by the petitioner deserves favourable consideration, the transfer of the case at this stage of the proceeding may not be appropriate.”

Case Briefs High Courts

Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions

Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of

Case Briefs High Courts

Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider

Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the

Case Briefs High Courts

Del HC | Is it lawful for a wife to agree to a settlement deed in the process of dissolving of marriage wherein she settles that her minor children will not claim maintenance in future? Court explains

Delhi High Court: Anu Malhotra, J., addressed a matter wherein the husband and wife reach a settlement and the wife agrees to

Case Briefs High Courts

Del HC | Is making false allegation of impotency by wife against husband a ground for decree of divorce? Court determines

Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., refused to set aside the order of the trial court granting

Case Briefs High Courts

[Triple Talaq] Bom HC | Bail denied to Muslim Man accused of giving divorce illegally in violation of The Muslim Women (Protection of Rights on Marriage) Act, 2019

Bombay High Court: Sarang V. Kotwal, J., while denied bail on the light of giving divorce in violation of the provisions of The

Op Eds OP. ED.

Divorce by Mutual Consent and Contempt of Court

by Achal Gupta*

Case Briefs High Courts

Bom HC | Can “cooling-off period” under S. 13-B(2) of Hindu Marriage Act be waived? Legal position discussed in a case of pregnant woman

Bombay High Court: Nitin W. Sambre, J., allowed an application seeking waiver of the cooling-off period on an urgent basis in light of

Case Briefs High Courts

Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence

Delhi High Court: A Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., in regard to Triple Talaq observed that, Prima facie it

Case Briefs High Courts

Madras HC | Can plea of customary divorce be considered as a valid defence while departmental proceeding for bigamy is initiated? HC considers scope of defence under Service Rules

Madras High Court: RMT. Teeka Raman, J., while addressing a petition observed that, “A plea of customary divorce is a valid defence

Case Briefs High Courts

Kar HC | Though Shariat permits a Muslim man to practise polygamy, but would that amount to cruelty to first wife? HC explains concept of Marital Cruelty

Karnataka High Court: A Division Bench of Krishna S. Dixit and P. Krishna Bhat, JJ., held that, “Though contracting a second marriage by

Case Briefs High Courts

Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years

Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that