ABSTRACT Section 125 of the Code of Criminal Procedure, 1973 (CrPC) is a social justice provision intended to prevent destitution of women and children. Indian courts have often interpreted this provision liberally to protect vulnerable partners in informal relationships. However,…
ABSTRACT The Allahabad High Court’s refusal to entertain a husband’s transfer petition after he had already secured an ex-parte decree of divorce marks a significant judicial stance against procedural abuse in matrimonial litigation. By characterizing the transfer attempt as indicative of an…
ABSTRACT In Kavita Arora v. Sanjay Arora and related appeals, a Division Bench of the Delhi High Court held that when a divorce petition is founded on the ground of adultery under Section 13(1)(i) of the Hindu Marriage Act, 1955 (“HMA”), impleading…
ABSTRACT On December 17, 2025, a Full Bench of the Delhi High Court delivered a landmark ruling clarifying the legal status of the one-year separation requirement prescribed under Section 13B(1) of the Hindu Marriage Act, 1955 (“HMA”). The Court held that this…
INTRODUCTION On December 11, 2025, a two-judge Bench of the Supreme Court of India delivered an unusual judgment in a matrimonial dispute, describing it as a “rare settlement” where the wife agreed to divorce by mutual consent without claiming monetary relief…
ABSTRACT The effectiveness of the service of summons is central to the administration of justice, particularly in quasi-criminal social welfare legislation such as the Protection of Women from Domestic Violence Act, 2005 (“DV Act”). The Act often involves respondents—especially husbands—residing…
ABSTRACT This article examines a recent decision of the Rajasthan High Court (hereinafter “the Court”) which quashed an ex parte divorce decree granted by a family court under the Hindu Marriage Act, 1955 (HMA) on the ground that service of…
ABSTRACT This article examines the MP HC judgment in which the Court held that repeated, unsubstantiated allegations of illicit relationships by the wife against her husband constitute cruelty under Section 13(1)(i-a) HMA and warrant dissolution of the marriage. After reviewing…
ABSTRACT In a significant procedural ruling, the Bombay High Court held that when two petitions under Sections 10 (judicial separation) or 13 (divorce) of the Hindu Marriage Act, 1955 (HMA) are filed by the same spouses in different courts, the…
ABSTRACT In a significant decision, the Gujarat High Court directed the Regional Passport Office to renew the passports of minor children on the application of their mother without the father’s no‐objection certificate (NOC). The ruling underscores the primacy of custodial…