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An article researched and authored by Advocate Aarun Chanda It is common practice that if a wife receives a flat/land as part of divorce settlement, then the husband executes a gift deed in favour of the wife. In many states…

The Bombay High Court in a recent judgement in a public interest litigation observed that there is a trend in divorced or separated parents, wherein the parent having custody of children attempts that child access is not given to the non-custodial parent…

An article researched and authored by Advocate Aarun Chanda The Hon’ble Supreme Court Bench in a recent judgment i.e. Shlok Bhardwaj V/s Runika Bhardwaj & Others, observed that if a wife takes divorce by mutual consent with no reservation for…

The Delhi High Court in the matter of Gurleen Kaur Vs Lakhbir Singh declared that a single letter written by the wife to the husband demanding divorce and expressing a desire to marry her friend amounts to mental cruelty to…

As per Section. 125 Criminal Procedure Code, 1973, the term wife includes a married woman or a divorced woman who has not remarried.  Section 125 (4) of the Criminal Procedure Code, 1973 disentitles a wife living in adultery or who…

The Hon’ble Delhi High Court has decided the above legal position in a case wherein the wife had claimed that the husband’s petition for divorce on the ground of cruelty, desertion and adultery may be dismissed as the alleged adulterer…

A divorce petition on the ground of desertion can be filed by the spouse in whose favor a decree for restitution of conjugal rights is filed, if the respondent spouse does not resume cohabitation within one year of such decree reaching finality.…

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…