Blogs
KEY PRINCIPLES AND RECENT TRENDS 1. STATUTORY FOUNDATION Under Section 24 of the Code of Civil Procedure, 1908, and under inherent writ jurisdiction, the Bombay High Court can transfer cases between courts when “ends of justice require” such action. In matrimonial…
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LEGAL FRAMEWORK Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, “cruelty” is a recognized ground for divorce. However, this term is not statutorily defined and has been interpreted broadly by the courts to include mental cruelty—acts causing severe emotional suffering…
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1. INTRODUCTION Under Section 24 of the Hindu Marriage Act, 1955, and Section 125 of the Code of Criminal Procedure, a wife—even if earning—may claim maintenance from her husband. The core legal question often turns on whether her income suffices…
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The Hon’ble Bombay High Court observed that mere execution of Talaqnama or pronouncing Talaq is not sufficient to prove a valid Talaq under Muslim personal law. The Hon’ble Court held that mere execution of Talaqnama is not sufficient to prove…
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The Hon’ble Telangana High Court in the matter of D Narsimha Narsimlu Versus Anita Vaishnavi’s recently observed that marriage cannot be forced on a spouse. The court can not act as a councillor and force parties to live in a…
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The Kerala High Court recently observed that if a spouse even after realizing/concluding that his/her marriage has failed refuses to give divorce by mutual consent, then it amounts to cruelty to the other spouse and a ground for grant of divorce in…
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In the matter of Vidhya Vishwanathan V/s Kartik Balakrishnan, the Hon’ble Supreme Court of India, dissolved the marriage on the ground of mental cruelty caused by the wife to the husband due to denial of physical relations in the absence…
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The Hon’ble Supreme Court of India in a recent judgement observed that filing single false criminal case by one spouse, entitles the other spouse to claim divorce on the ground of mental cruelty. Filing of false criminal cases amounts to…
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In a recent judgement passed by the Hon’ble Karnataka High Court, it was held that if a wife challenges a divorce decree passed in the husbands favour by the family court and during the pendency of appeal, the husband expires,…
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The Hon’ble Supreme Court of India has recently observed that a women can claim maintenance from her second husband under Section. 125 of the Criminal Procedure Code, even if her first marriage is not dissolved legally by the court. The Apex court…
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