Hindu Marriage Act Archives

MP HC | Mental cruelty inflicted by the wife over her husband through her conduct a valid ground for divorce; Court allows appeal

Madhya Pradesh High Court: The Division Bench of Sheel Nagu and Anand Pathak, JJ., allowed an appeal which was preferred under Section

Op Eds OP. ED.

Erosion of Choice, but dignity should remain intact: How are Courts saving young adults’ choice of marriage?

“Neither the State nor the law can dictate a choice of partners or limit the free ability of every person to decide

Case Briefs High Courts

Right of residence under DV Act is exclusive to and isolated from any right that may arise under S. 9 of Hindu Marriage Act, 1955: Del HC

Delhi High Court: Chandra Dhari Singh, J., addressed a matter wherein the right of residence was claimed by the wife. In the

Case Briefs High Courts

Can judicial separation be granted instead of divorce for which party has approached the Court? Read what Del HC says

Delhi High Court: Expressing that the Family Court’s decision was based on optimism and hope rather than the actual factual matrix of

Case Briefs Supreme Court

Divorce| Can long Separation lead to inference regarding desertion in all cases? Supreme Court decides

Supreme Court: In a case where it was argued that merely because husband and wife are staying separately since a long time,

High Court Round Up Legal RoundUp

82 High Court Judgments from January 2022: High Courts Monthly Roundup

82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of

Case Briefs High Courts

Can wife claim maintenance under S. 125 CrPC where appeal is pending against divorce granted under S. 13 HMA? All HC decides

Allahabad High Court: Syed Aftab Husain Rizvi, J., addressed a revision petition filed by the husband who claimed that the Family Court

Case Briefs High Courts

[Child Marriage] P&H HC | Marriage with a minor is valid if no attempt is made to declare it invalid once the child turns major

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that marriage with minor is valid

Case Briefs High Courts

Maintenance & Overlapping Jurisdiction | Maintenance can be claimed under DV Act even if already granted under S. 125 CrPC: Del HC reiterates

Delhi High Court: Amit Bansal, J., reversed the order of the trial court as it dismissed the application filed by the petitioner

Case Briefs High Courts

[Child Marriage] P&H HC | Where minor wife fails to obtain decree of nullity before attaining age of majority, the marriage becomes a valid one; HC interprets

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that in case of child marriage,

Case Briefs High Courts

Widow’s right of inheritance after re-marriage: Will mother of deceased be fully entitled to claim dues of deceased son or does wife who re-marries will also have share? Bom HC delves to answer

Bombay High Court: Addressing a matter pertaining to the widow’s right of inheritance on the property of the deceased husband, S.M. Modak,

Case Briefs High Courts

Del HC | Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code

Delhi High Court: Prathiba M. Singh, J., held that, “…relegating parties to customary Courts when they themselves admit that they are following

Case Briefs High Courts

Bom HC | Is the 6 months period stipulated under S. 13-B(2) of Hindu Marriage Act mandatory or relaxation in exceptional situations is permitted? Read on

Bombay High Court: Sandeep K. Shinde, J., addressed a petition with regard to waiving the cooling period. Whether the minimum period of

Case Briefs High Courts

P&H HC | 6 months wait is uncalled for; HC waives 6 months’ requirement, grants divorce to couple entrapped in an irretrievably broken marriage

Punjab and Haryana High Court: The Bench of Arun Monga, J., allowed waiver statutory period of 6 months for dissolution of marriage

Case Briefs High Courts

Madras HC | 12 long years of proceedings, but no appearance of wife. Assault on husband’s vital body part, not denied. Can her appeal against dissolution of marriage be still accepted? Read on

Madras High Court: The Division Bench of T. Raja and G. Chandrasekharan, JJ., while upholding the decision of Court below stated that

Case Briefs High Courts

All HC | If a minor girl enters into an “agreement of marriage”, what would be the legality of such agreement? Option to ratify or rescind would be available? HC throws light in view of Ss. 11 and 23 of Contract Act

Allahabad High Court: Vikas Kunvar Srivastav, J., addresses whether a minor girl on attaining majority can ratify the agreement of marriage that

Case Briefs High Courts

Cal HC | Pre-requisite for awarding maintenance under Hindu Marriage Act: Independent income of husband or wife to support either is enough? Read on

Calcutta High Court: Shampa Sarkar, J., expressed that Hindu Marriage Act is a gender-neutral provision and further expressed the scope of maintenance.

Case Briefs High Courts

Madras HC | Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision

Madras High Court: T. Raja and G. Chandrasekharan, JJ., addressed a matter wherein wife approaches the wife appealed against the family court’s decision

Case Briefs High Courts

HP HC | Whether minimum period of six months stipulated under S. 13(B)(2) of the Hindu Marriage Act for a motion of passing decree of divorce on the basis of mutual consent can be relaxed? Court explains

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., disposed of a petition while granting liberty to the parties to move an appropriate