Hindu Marriage Act 1955

22nd Apr, 2015

Supreme Court comes down heavily against abuse of Section 498A of Indian Penal Code

A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even […]
10th Apr, 2015

Right of wife to claim maintenance under Section 125 Cr P C cannot be compromised

It can never be forgotten that the inherent and fundamental principle behind Section 125 CrPC is for amelioration of the financial state of affairs as well as mental agony and anguish that woman suffers when […]
18th Mar, 2015

Capacity of wife to earn is a relevant factor for determining alimony in matrimonial proceedings #indianlaws

Wife’s capacity to earn after separation is also a relevant factor to be kept in mind in determinig alimony. Similarly the responsibility which the wife would have bourne had the relationship continued is also a […]
5th Mar, 2015

Anti-Suit in Injunction in matrimonial matters

The principles governing the grant of anti-suit injunction being essentially an equitable relief, the Courts in India has the powers to issue anti-suit injunction to a party over whom it has personal jurisdiction in an […]
1st Feb, 2015

Husbands will find it tough while determining maintenance in matrimonial proceedings

he parties should be directed to file a detailed affidavit of their assets, income and expenditure and the supporting documents in order to determine their true income. The assets, liabilities, income and expenditure of the […]
11th Dec, 2014

Marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms does not amount to solemnisation

 Marriages performed in secrecy in the chambers of Advocates and Bar Association Rooms, will not amount to solemnisation and only women who are victims of such marriage can question the same in matrimonial proceedings before […]
11th Nov, 2014

Difference between Visitation and Custody of minor child between warring parents

A visitation order means an order establishing the visiting times for a non-custodial parent with his or her children. Although the non-custodial parent is responsible for the care of the child during visits, visitation differs […]
11th Oct, 2014

Interpreting and understanding the term Cruelty as ground of divorce #indianlaws

No court should even attempt to give a comprehensive definition of mental cruelty. Human mind is extremely complex and human behaviour is equally complicated. Similarly human ingenuity has no bound; therefore, to assimilate the entire […]
31st Jul, 2014

Husband is obliged to see that his wife does not become a destitute, a beggar #indianlaws

if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route from payment of maintenance, unless there is an order from the Court that the […]
22nd Jul, 2014

A major child can claim maintenance from his father in exceptional circumstances #indianlaws

A major son of the well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority
10th Jul, 2014

Arrest in dowry cases should not be an automatic outcome of complaint #indianlaws

Supreme Court in a recent judgement made arrest difficult in the matrimonial disputes to avoid abuse of penal provisions under Section 498A IPC and Dowry Prohibition Act
30th Jun, 2014

Six months waiting period for second motion in divorce by mutual consent: no hardship to parties #indianlaws

Whether statutory waiting period of six months referred to in Section 13-B(2) of the HMA can be waived/ condoned by the Court?