1. ABSTRACTMaintenance laws in India are based on social justice and the need to protect financially vulnerable spouses. In a recent judgment, the Kerala High Court held that a wife who had voluntarily given up her right to maintenance at…
1. ABSTRACT Cruelty is a recognized ground for matrimonial relief under Indian law. However, the timing and purpose of raising such allegations are equally important. In a recent decision, the Andhra Pradesh High Court held that a plea alleging cruelty…
ABSTRACT The Medical Termination of Pregnancy Act, 1971, aims to protect women’s reproductive autonomy and health. In a recent decision, the Punjab and Haryana High Court held that a woman who is awaiting divorce is entitled to terminate her pregnancy under the MTP Act.…
ABSTRACT Cruelty under Indian matrimonial law is not limited to physical violence. Mental cruelty, especially when inflicted during periods of financial vulnerability, can be equally harmful. In a recent decision, the Chhattisgarh High Court held that repeatedly taunting a husband…
INTRODUCTION Polygamy is permitted under Muslim personal law, subject to certain conditions. However, the legality of a second marriage does not automatically shield a husband from civil conāsequences under general laws. In a significant judgment, the Karnataka High Court held…
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…