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ABSTRACT This article examines a recent decision of the Rajasthan High Court (hereinafter “the Court”) which quashed an ex parte divorce decree granted by a family court under the Hindu Marriage Act, 1955 (HMA) on the ground that service of…

ABSTRACT This article examines the MP HC judgment in which the Court held that repeated, unsubstantiated allegations of illicit relationships by the wife against her husband constitute cruelty under Section 13(1)(i-a) HMA and warrant dissolution of the marriage. After reviewing…

ABSTRACT In a significant procedural ruling, the Bombay High Court held that when two petitions under Sections 10 (judicial separation) or 13 (divorce) of the Hindu Marriage Act, 1955 (HMA) are filed by the same spouses in different courts, the…

ABSTRACT In a significant decision, the Gujarat High Court directed the Regional Passport Office to renew the passports of minor children on the application of their mother without the father’s no‐objection certificate (NOC). The ruling underscores the primacy of custodial…

ABSTRACT This article examines the Delhi High Court’s ruling in Om Saran Gupta that offences under IPC S. 498A may be sustained even if the marriage in question is subsequently declared null and void. The judgment rests on a purposive…

ABSTRACT In the architecture of justice, allegations are the scaffolding upon which disputes are constructed—but without evidentiary support, they remain hollow structures. The principle that the burden of proof rests upon the party who asserts a fact is a cornerstone…

INTRODUCTION In a landmark judgment delivered by the Madurai Bench of the Madras High Court (hereafter “the Court”), the Court held that marriage does not confer on a husband an “unquestioned authority” over his wife, and further stressed that a…

ABSTRACT Marriage is a legally and socially recognized union that imposes rights and duties on both spouses. One of the essential elements of marriage under Indian law is fidelity. When a spouse violates this foundational principle, it amounts to matrimonial…

INTRODUCTION Marriage is a relationship built on mutual trust, respect, and emotional support. When one spouse repeatedly accuses the other of infidelity without any evidence, it not only causes mental distress but also damages the accused spouse’s social and professional…

INTRODUCTION The tort of alienation of affection is a legal action that allows a spouse to sue a third party for intentionally interfering with their marital relationship. It is rooted in old common law, dating back to the 18th and…