INTRODUCTION Marriage in Indian law is not merely a personal relationship but also a legally enforceable institution based on mutual trust, fidelity, and companionship. While cruelty traditionally implied physical abuse, Indian courts have expansively interpreted it to include mental and…
INTRODUCTION In India, marriage is not just a legal contract but also a social and spiritual bond based on mutual responsibilities, companionship, and shared living. Legal precedents show that the heart of marriage is the consortium—meaning the joint life and duties…
INTRODUCTION The concept of maintenance in Indian matrimonial jurisprudence has undergone significant transformation. Traditionally, courts viewed maintenance as a mere subsistence allowance—an amount sufficient only to prevent destitution of the spouse unable to maintain herself or himself. Recent judicial pronouncements,…
INTRODUCTION Matrimonial disputes frequently bring forth questions of what constitutes “cruelty” under Indian matrimonial law. The judiciary has, over time, refined the contours of this ground for divorce, particularly in the context of mental cruelty. Recently, a High Court ruling clarified…
INTRODUCTION The institution of family stands at the core of human relationships, and within it, the sibling bond holds a unique significance. Unlike friendships or even parent-child relationships, sibling ties are marked by a blend of shared upbringing, emotional intimacy,…
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…
INTRODUCTION The concept of “abetment” under Section 306 of the Indian Penal Code, 1860 (IPC) hinges on the presence of mens rea and an act or omission that instigates, aids, or facilitates the commission of suicide. The recent judgment of…
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)…
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…
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…