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…
INTRODUCTION In a recent judgment, the Supreme Court of India held that a divorced Muslim woman has the right to recover gifts given to her husband at the time of marriage. The decision strengthens women’s property rights under Muslim personal…
ABSTRACT In a recent judgment, the Delhi High Court upheld a decree of divorce on the ground of mental cruelty, holding that a wife’s wilful and persistent refusal to consummate the marriage amounted to cruelty under matrimonial law. The Court…
ABSTRACT In a recent decision, the Madhya Pradesh High Court upheld a decree of divorce on the ground of adultery, holding that a wife’s act of sending nude photographs to another man amounted to marital misconduct. The Court observed that…
ABSTRACT The Chhattisgarh High Court, in a recent decision, upheld a decree of divorce on the ground of cruelty where the wife was found to have concealed, for nearly a decade, the absence of menstruation prior to and during the…