All Posts in Category

The Hon’ble Bombay High Court observed that mere execution of Talaqnama or pronouncing Talaq is not sufficient to prove a valid Talaq under Muslim personal law. The Hon’ble Court held that mere execution of Talaqnama is not sufficient to prove…

The Hon’ble Telangana High Court in the matter of D Narsimha Narsimlu Versus Anita Vaishnavi’s recently observed that marriage cannot be forced on a spouse. The court can not act as a councillor and force parties to live in a…

The Kerala High Court recently observed that if a spouse even after realizing/concluding that his/her marriage has failed refuses to give divorce by mutual consent, then it amounts to cruelty to the other spouse and a ground for grant of divorce in…

In the matter of Vidhya Vishwanathan V/s Kartik Balakrishnan, the Hon’ble Supreme Court of India, dissolved the marriage on the ground of mental cruelty caused by the wife to the husband due to denial of physical relations in the absence…

The Hon’ble Supreme Court of India in a recent judgement observed that filing single false criminal case by one spouse, entitles the other spouse to claim divorce on the ground of mental cruelty. Filing of false criminal cases amounts to…

In a recent judgement passed by the Hon’ble Karnataka High Court, it was held that if a wife challenges a divorce decree passed in the husbands favour by the family court and during the pendency of appeal, the husband expires,…

The Hon’ble Supreme Court of India has recently observed that a women can claim maintenance from her second husband under Section. 125 of the Criminal Procedure Code, even if her first marriage is not dissolved legally by the court. The Apex court…

Any relationship prior to marriage does not amount to adultery, as adultery can only be committed against a husband/wife. Ground of adultery is maintainable only if a spouse had physical relations outside marriage. There is difference between adultery and living…

If a petition for divorce by mutual consent is filed under Section 13 (b) of the Hindu Marriage Act, 1955, then both the spouse must give consent at the time of filing the said petition and also at the time…

 It is general practice that one spouse files a divorce petition before a different court and one spouse files a restitution of conjugal rights petition before a different court. The Hon’ble Supreme Court of India in the matter of NCV Aishwarya V/s…