divorce Archives

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

Case Briefs High Courts

Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Bombay High Court: A.S. Kilor, J., held that contravention of the provision of Section 15 of the Hindu Marriage Act, 1955 does not

Case Briefs High Courts

Madras HC | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months

Madras High Court: G.K. Ilanthiraiyan, J., quashed the proceedings filed under the Domestic Violence Act in light of being barred by limitation.

Case Briefs High Courts

Jhar HC | Object of S. 125 CrPC is to ensure that a wife, minor children or helpless parents do not suffer in penury

Jharkhand High Court: Shree Chandrashekhar, J., addressed an issue with regard to maintenance under Section 125 of the Code of Criminal Procedure Code.

Case Briefs High Courts

Cal HC | Plea of absolute privilege protects a statement in civil defamation, however false and defamatory it may be, even though made with malicious motive

Calcutta High Court: Debangsu Basak, J., while addressing a matter with regard to defamation, observed that “in a civil action for defamation, the

Case Briefs High Courts

All HC | Can daughter-in-law be evicted without seeking decree of eviction against the son under S. 2(s) of Domestic Violence Act? HC Answers

Allahabad High Court: Vivek Kumar Birla, J., while addressing a matter with regard to “shared household”, held that, “daughter-in-law can be evicted without

Case Briefs High Courts

Utt HC | Wife not eligible for medical examination of whether she can conceive or not during Divorce proceedings; Court allows appeal

Suchita Shukla, Editorial Assistant has put this story together

Case Briefs High Courts

[S. 125 CrPC] Bom HC | Wife cannot be denied maintenance on ground of having a source of income

Bombay High Court: N.J. Jamdar, J., while addressing a revision application with regard to maintenance under Section 125 of Code of Criminal