INTRODUCTION Marriage in Indian society is not just a personal union, but a social institution rooted in mutual respect, support, and shared responsibilities. However, when one partner insults or humiliates the other repeatedly, the marriage may become emotionally unbearable. In…
INTRODUCTION The Indian judiciary continues to walk a fine line between upholding the sanctity of marriage and recognizing individual freedom within the institution. A recent decision by a High Court—denying a mutual divorce petition filed within six months of marriage—has…
INTRODUCTION In India, domestic violence remains a serious issue despite various legal safeguards. One of the strongest protections available to women is the Protection of Women from Domestic Violence Act, 2005 (“PWDVA”). A common legal question arises: can a wife…
ABSTRACT This article explores the legal question of whether a wife can be denied her right to receive a deceased husband’s family pension on mere allegations of adultery. It discusses the applicable laws and precedents, especially within the context of…
INTRODUCTION Family law disputes often involve high emotional stakes, making it essential for courts to balance fairness, justice, and the integrity of legal proceedings. A recent decision by a Delhi court illustrates this delicate balance. The case concerned a wife…
INTRODUCTION Maintenance under matrimonial law plays a crucial role in ensuring that a dependent spouse, usually the wife, is able to live with dignity after separation. Courts in India have repeatedly emphasized that maintenance is not a matter of charity…
INTRODUCTION The concept of “cruelty” under matrimonial law has often been interpreted broadly by Indian courts. It extends beyond physical violence and includes mental cruelty or conduct that makes it impossible for one spouse to continue living with the other. However, not…
INTRODUCTION Marriage in India is not just a social institution but also a legal bond governed by personal laws. For Hindus, the Hindu Marriage Act, 1955 (HMA), sets out the conditions for marriage, divorce, and other matrimonial reliefs. In today’s…
INTRODUCTION Marriage, as a social institution, requires patience, tolerance, and mutual adjustment. No two individuals can live together without some disagreements or irritations. The law recognizes that minor quarrels or petty disagreements are part of ordinary married life. Courts in…
ABSTRACT This article critically analyzes the Calcutta High Court’s recent ruling in Rinki Chakraborty Nee Das v. State of West Bengal, which unequivocally holds that an able-bodied husband cannot cite unemployment to deny maintenance to his wife. The decision serves as…