Marriage Archives

Ker HC | Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? HC answers

Kerala High Court: In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking

Op Eds OP. ED.

Rape on the Pretext of Marriage: Are the Relationships Going Sour?

by Sanjay Vashishtha†

Cite as: 2022 SCC OnLine Blog Exp 3

Case Briefs High Courts

P&H HC | Are Recordings of Private Conversation between Husband and Wife permissible as evidence under S. 13 of HMA, 1955? HC decides

Punjab and Haryana High Court: Lisa Gill, J., held that to permit a spouse to record conversations with an unsuspecting partner and

Case Briefs High Courts

Courts are not meant to provide police protection to youths who have fled to marry according to their own wishes; Raj HC reiterated

Rajasthan High Court: Dinesh Mehta J. rejected the petition and disposed off the stay application. The instant petitions were filed by couples

Case Briefs High Courts

J&K HC | Dowry Prohibition Act vis-a-vis J&K Dowry Restraint Act; HC blurs the line between the two

Jammu and Kashmir High Court: In a case alleging dowry death, Rajnesh Oswal, J., clarified the scope and applicability of Jammu and

Case Briefs High Courts

Ker HC | Right to maintenance of child born out of inter-faith marriage: Is father under obligation to maintain his children even when there’s no statutory stipulation? HC answers

Kerala High Court: In a significant case regarding Right to maintenance of child born out of inter-faith marriage, the Division Bench of

Case Briefs High Courts

Wife refused to join company of husband on ground of ‘auspicious time’. Would this amount to ‘desertion’ by wife? Chh HC elucidates

Chhattisgarh High Court: The Division Bench of Goutam Bhaduri and Rajani Dubey, JJ., held that the wife refusing to join the company

Case Briefs High Courts

“Quranic injunctions command equal treatment of wives”; HC holds unequal treatment of wives is sufficient ground to grant divorce

Kerala High Court: The Division Bench of A.Muhamed Mustaque and Sophy Thomas set aside the findings of Family Court wherein it had

Case Briefs High Courts

Ker HC | No enquires required; HC lays down detailed guidelines for speedy disposal of petitions seeking judicial endorsement of extrajudicial divorce

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., issued detailed guidelines for Family Courts for speedy

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

J&K and Ladakh HC | “No law or religion gives a license to a father to harass his daughter”; HC grants protection to run away couple

Jammu & Kashmir and Ladakh High Court: Sanjay Dhar, J., held that it is not open to a father or relatives of

Case Briefs High Courts

Chh HC | Agreement to withdraw criminal complaint after receiving payment for the same cannot be regarded as any lawful term and is void

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such

Case Briefs High Courts

Law on Maintenance | Father having to bear expenses of other dependents can ignore from sharing equal responsibility of son’s educational expenses? Bom HC elaborates

Bombay High Court: Expressing that mother and father are equally responsible to equally share the education expenses of the child, Division bench

Case Briefs High Courts

Raj HC | Convenience of the wife is to be preferred over the convenience of the husband in transfer petitions relating to matrimonial disputes

Rajasthan High Court: Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source

Case Briefs Supreme Court

Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?

“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”

Case Briefs High Courts

Ker HC | Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise; HC states

“Mere use of word ‘irrevocably’ does not render pronouncement of talaq illegal if intention of the husband shows otherwise”

Case Briefs High Courts

Raj HC | Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed

Rajasthan High Court: Pushpendra Singh Bhati J. disposed of the instant petition with a direction to the petitioners to appear before the

Legislation Updates Statutes/Bills/Ordinances

Amendments to Rajasthan Compulsory Registration of Marriages Act, 2009 passed by Rajasthan Assembly

On September 17, 2021, the Rajasthan Assembly passed the Compulsory Registration of Marriages (Amendment) Bill, 2021 in order to amend the Rajasthan

Case Briefs High Courts

Ker HC | Malevolent intention is not essential to cruelty; HC grants divorce on the ground of cruelty for making false allegation of impotency

Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that false allegation of impotency amounts to

Case Briefs High Courts

Madras HC | 25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not

Madras High Court: T. Raja, J., in the present matter while considering the long separation of parties for almost a quarter-century, granted