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INTRODUCTION The Supreme Court of India has agreed to hear a petition challenging the practice of Muslim divorce known as Talaq-e-Hasan. The matter is scheduled for hearing on 22 July. The petition questions whether the practice violates fundamental rights guaranteed under the…

INTRODUCTION Maintenance laws in India are meant to prevent destitution and vagrancy. Section 125 of the Code of Criminal Procedure, 1973 (CrPC) is one such welfare provision. It applies to all citizens, irrespective of religion. In a recent decision, the…

ABSTRACT The question of whether a Single Judge Bench of the Supreme Court can pass a decree of divorce by mutual consent has led to conflicting judicial orders. While some decisions suggest that such power can be exercised in exceptional…

ABSTRACT In a recent decision, the Allahabad High Court granted custody of a minor child to the father after taking note of the mother’s conduct of leaving the matrimonial home and living with another man without obtaining a divorce. The…

ABSTRACT The Madras High Court has emphasized that when adultery is alleged as a ground for divorce, the person accused of being the adulterer must be given an opportunity to defend themselves. The Court held that denying such a person the…

ABSTRACT The Bombay High Court has clarified that a divorced Muslim woman’s right to maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 is not automatically taken away by her remarriage. The Court held that statutory rights…

ABSTRACT The Rajasthan High Court has clarified that a woman can claim reservation under the “divorcee female” category in government employment only after obtaining a valid decree of divorce from a competent court. Mere separation or pendency of divorce proceedings…

ABSTRACT The Allahabad High Court has reaffirmed an important principle of matrimonial law: allegations of an illicit relationship against a spouse must be clearly and specifically stated in pleadings. Vague accusations are insufficient to seek divorce or other matrimonial reliefs. This decision…

ABSTRACT In a significant ruling on religious conversion and matrimonial law, the Madras High Court held that conversion to Hinduism can be inferred from conduct and does not require a formal religious ceremony. The Court restored a divorce petition filed…

ABSTRACT In a recent judgment, the Delhi High Court rejected a woman’s claim that her marriage had been dissolved through a panchayati divorce allegedly recognized in the Jat community. The Court held that any custom that departs from statutory matrimonial law must…