Parental Responsibilities after Divorce

The Supreme Court has observed that the parental responsibility of the couple does not end even if there is a breakdown of marriage. In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems, remarked the bRead More…

Divorce on Cruelty: Delhi High Court

DELHI HIGH COURT C DIVISION BENCH 1: Read Judgement Read Full JudgementDownload MS v/s SD D/d 23/04/2019 # MAT. APP (F.C.) 213 of
2017 Hindu Marriage
Rules, 1979, Rule 7 – Cruelty -Allegations of — Appellant has failed to provide
necessary particulars, i.e., specific incidents, dates or particulars of
cruelty, harshness or unusual temperament – Mere sweeping allegations are made
in thRead More…

Hindu Marriage Act-Divorce by Mutual Consent-1 Year Separation

ALLAHABAD HIGH COURT [Division Bench] Arpit Garg v/s Ayushi 2019 (1) MMLJ 760 # D/d 06/5/2019 First App. No. 115 of 2019 Hindu Marriage Act, Sections 13B and 14 — Divorce petition — Mutual Consent — Filed within less than a period of one year — Wife filed an application to grant leave u/s 14 of the Act, 1955—Divorce petition rejected by Court below as premature and cannot be waived u/s Read More…

Second Marriage

In 1955, the Hindu Marriage Act was drafted, which prohibited marriage of a Hindu whose spouse was still living. Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Hindus in Goa where polygamy is legal, and for Muslims, who are permitted to have four wives. Section 5 of Hindu Marriage Act says: 5. Conditions for a Hindu Marriage: – A marriage mayRead More…