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If a decree of Judicial separation is passed under Section. 10 of The Hindu Marriage Act,1955, against the opponent due to marital misconduct, then the aggrieved spouse is entitled to deny conjugal relationship without breaking marital ties. The marriage between…

Prior to passing of The Hindu Marriage Act, 1955, divorce was obtained/given based on long term customs prevailing in any community, tribe, or local area. There was practice of giving divorce through a deed usually known as chhor chutti, tyag patra, chuttam chutta etc.…

The fact that a husband/wife is convicted in a murder case under section 302 of the Indian Penal Code and sentenced to imprison for life amounts to mental cruelty to the husband/wife. Court may grant divorce in cases where the husband/wife is…

Under the Hindu Marriage Act, 1955, the following persons are Hindus i.e. Hindus, Buddhists, Jainas or Sikhs by religion. Only Hindus can legally marry each other as per Hindu customs, traditions and rituals. If a Hindu marries a non Hindu…

Leprosy as a ground for divorce was incorporated in the personal laws during the days when leprosy was incurable. Due to progress in medical field, there is a cure available for leprosy. In the past as leprosy was incurable and…

The Supreme Court of India declared that the divorce decree granted by the Christian church is not valid under the Indian law.  The Supreme Court of India said that the ecclesiastical courts established by the church do not have any…

In India if the bride and the groom follow same religion, then marriage can be performed as per religious customs, practices and rituals i.e. Nikah for people practicing Islam and Saptapadi for people practicing Hinduism. A marriage can be proved…

When citizens of one nation seek matrimonial remedy in foreign courts, jurisdictional disputes become more difficult. Whether in India or elsewhere, women seeking maintenance or divorce frequently encounter recurring legal challenges include jurisdictional conflicts, trouble serving notices or orders, and issues upholding…

Pre-nuptial agreements are a Western concept in which the bride and groom make a contract before getting married that addresses the husband’s obligation to pay maintenance or alimony to the wife or their children, ownership of real estate, payment of debts and…

Prior to filing court cases the warring couple must undergo pre-litigation conciliation/mediation. Statements made in the petition/written statements/replies causes increase in misunderstanding and enmity between the husband, wife and their respective family members/friends. Presently there is lack of trained councillors…