mutual consent divorce
Experts CornerKhaitan & Co

by Bijal Ajinkya† and Sachin Bhandawat††
Cite as: 2024 SCC OnLine Blog Exp 5

himachal pradesh high court
Case BriefsHigh Courts

“Needless to say, matrimonial matters are matters of delicate human and emotional relationship and to maintain such relationship for a long, there is requirement of mutual trust, regard, respect, love and affection.”

madras high court
Case BriefsHigh Courts

Madras High Court held that the period of treatment the wife has taken from the parental home cannot be termed as desertion.

delhi high court
Case BriefsHigh Courts

“It is evident that the fight inter se the parties was not on any justifiable grounds, but was a war between the egos prompted by the desire to wreak vengeance against the spouse.”

patna high court
Case BriefsHigh Courts

“Alleging character assassination and to say that the husband shall be removed from service and further filing of domestic violence while alleging that the husband is in adultery, fornication, are serious allegations touching the character of respective persons.”

delhi high court
Case BriefsHigh Courts

“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”

Constitution Bench Yearly Roundup 2023
Legal RoundUpSupreme Court Roundups

This year was very busy for the Supreme Court’s Constitution Bench as it dealt with the maximum number of cases and decided major matters like Article 370; Same sex marriage; Maharashtra political crisis; and more

chhattisgarh high court
Case BriefsHigh Courts

“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”

allahabad high court
Case BriefsHigh Courts

“In absence of any proceedings for restitution of conjugal rights by either party, the court below ought to have granted a decree for judicial separation by way of alternative relief”

delhi high court
Case BriefsHigh Courts

“Additionally, the attempted mediation settlement was also violated by the wife, who only wanted to enjoy the monetary benefits arising out of the settlement but never wanted to fulfil her end of the bargain”

allahabad high court
Case BriefsHigh Courts

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”

chhattisgarh high court
Case BriefsHigh Courts

“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”

chhattisgarh high court
Case BriefsHigh Courts

“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”

kerala high court
Case BriefsHigh Courts

Kerala High Court regarded the wife’s email to her husband’s employer as “outcry of a desperate wife, to live with her husband, after bringing him back to normalcy”.

calcutta high court
Case BriefsHigh Courts

With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.

delhi high court
Case BriefsHigh Courts

“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”

delhi high court
Case BriefsHigh Courts

The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.

karnataka high court
Case BriefsHigh Courts

In view of the wife’s “conduct and dishonesty”, the Court dismissed revision petition filed by the wife seeking to set aside the order of the Sessions Judge setting aside her monetary maintenance and compensation.

live in relationship without divorce
Watch NowWatch Now

delhi high court
Case BriefsHigh Courts

“The child has not only been totally alienated, but has also been used as a weapon against the father. Nothing can be more painful for a parent to see the child drifting away and being totally against the father.”