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Divorced Women Not Entitled to Reside in the Matrimonial Home

Divorced Women Not Entitled to Reside in the Matrimonial Home

INTRODUCTION The decision of Delhi High Court underscores the temporal nature of protection orders and the dependency of residence rights on the continuation of a valid domestic relationship. FACTUAL BACKGROUND The case before the Delhi High Court arose from a divorced woman’s…

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Second Marriage Without Proven Divorce From First Wife Amounts to Rape

Second Marriage Without Proven Divorce From First Wife Amounts to Rape

INTRODUCTION In a landmark judgement, the Telangana High Court held that consensual physical relations predicated on the belief of lawful marriage—when induced by deception about the respondent’s ongoing first marriage—constitute rape under Indian penal law FACTUAL BACKGROUND The appellant (wife)…

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Demand of Privacy Does Not Give Rise to a Ground for Divorce

Demand of Privacy Does Not Give Rise to a Ground for Divorce

INTRODUCTION The Indian courts recognize that demanding judgment for privacy, when invoked by one spouse as justification for divorce, does not constitute cruelty sufficient to support dissolution. This article examines the doctrinal implications of treating “privacy by spouse” as a legitimate…

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Validity and Recognition of Foreign Divorce Decree

Validity and Recognition of Foreign Divorce Decree

 INTRODUCTION The globalization of marriage and divorce has amplified the incidence of cross-border matrimonial disputes, raising intricate questions about jurisdictional validity. Courts worldwide confront cases where foreign divorce decrees, once presumed final, are challenged for jurisdictional defects. This article examines…

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