Hindu Marriage Act Archives

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

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

Banking and Negotiable Instruments High Court Round Up Legal RoundUp

2020 Wrap-Up — Family Law & Allied Provisions

In our series of 2020 wrap-ups, let’s revisit and take a dive at some of our stories on family laws and how

Case Briefs High Courts

Del HC reiterates SC’s position on “duty of the Courts to encourage genuine settlements of matrimonial disputes”

Delhi High Court: Anu Malhotra, J., dismissed the petition in view of the dispute being settled mutually. The instant petition sought quashing of

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

P&H HC | Whether partners falling in sapinda prohibition under HMA can stay in a live-in relationship? Parties argue while hearing in anticipatory bail

Punjab and Haryana High Court: Arvind Singh Sangwan, J., observed that the marriage of first cousins is not permissible as per the prohibited

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

Op Eds OP. ED.

Divorce by Mutual Consent and Contempt of Court

by Achal Gupta*

Case Briefs Supreme Court

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Case Briefs Supreme Court

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,

Case Briefs High Courts

Chh HC | Whether alienation of property by an alleged wife of a deceased is void? HC analyses position in light of ‘Customs’ under Hindu Marriage Act

Chhattisgarh High Court: Sanjay K. Agrawal, J., discusses the decision of trial Court and first Appellate Court with regard to alienation of the

Case Briefs High Courts

Madras HC | Once permanent maintenance is received under S. 20 DV Act, yet due to change in circumstances if alteration in maintenance is required, what approach should be resorted? HC elucidates

Madras High Court: A Division Bench of M. Sathyanarayanan and P. Rajamanickam, JJ., addressed an appeal with regard to seeking interim maintenance when

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

Del HC updates Affidavit of Assets, Income & Expenditure to be filed at threshold of matrimonial disputes; Issues modified directions [Detailed Report: Read Directions]

Delhi High Court: J.R. Midha, J. laid modified directions and affidavit of assets, income and expenditure to be filed by both the

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

P&H HC | In case a marriage is solemnized in violation of age restriction, marriage is only voidable

Punjab and Haryana High Court: Sudhir Mittal, J., addressed a matter of registration of marriage. Issue in focus Application for registration of marriage

Case Briefs High Courts

P&H HC | Courts should abstain from introducing personal ideas related to social morality

Punjab and Haryana High Court: While deciding the instant petition filed by a runaway couple seeking protection from arrest and bodily harm

Case Briefs High Courts

Del HC | Divorce granted on ground of cruelty set aside for non-fulfilment of requirements of Rule 7 of Hindu Marriage Rules

Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ., allowed an appeal filed by the appellant-wife against the judgment of

Case Briefs High Courts

Del HC | Specificities of date and time not necessary in divorce petition under S. 13(1)(i-a) HMA, where wife leads evidence

Delhi High Court: The Division Bench of G.S. Sistani and Jyoti Singh, JJ., directed a divorce decree sheet to be drawn up in

Case Briefs High Courts

In divorce petition trial to be concluded within six months from date of service of notice on respondent

Rajasthan High Court: A Single Judge Bench of Ashok Kumar Gaur, J., disposed of the current petition seeking an early date for