Any relationship prior to marriage does not amount to adultery, as adultery can only be committed against a husband/wife. Ground of adultery is maintainable only if a spouse had physical relations outside marriage. There is difference between adultery and living…
If a petition for divorce by mutual consent is filed under Section 13 (b) of the Hindu Marriage Act, 1955, then both the spouse must give consent at the time of filing the said petition and also at the time…
It is general practice that one spouse files a divorce petition before a different court and one spouse files a restitution of conjugal rights petition before a different court. The Hon’ble Supreme Court of India in the matter of NCV Aishwarya V/s…
The Allahabad High Court observed that it is natural right of a defendant/accused/opposite party to be heard before any order is passed against him/her, however the said right cannot be used for defeating the judicial process/end of justice. The Allahabad…
The Hon’ble Karnataka High Court in a recent judgement held that court can stay divorce, till the husband pays arrears of maintenance to the wife in accordance with the orders passed by the court. The Hon’ble Karnataka High Court held…
The Hon’ble Allahabad High Court in a recent judgement held that to prove desertion the act of separation has to be involuntary i.e. against the wish of one of the spouses. In the matter decided by the Hon’ble Allahabad High…
The Hon’ble Punjab & Haryana High Court has observed that complaint under the provisions of Domestic Violence Act, cannot be filed once domestic relationship comes to an end after passing of divorce decree. The Hon’ble Court observed that domestic relationship must be…
The Hon’ble Delhi High Court rejected an appeal filed by the husband in a matrimonial dispute i.e. Miniappa Kanda Swami V/s M Indira, observing that “Right to Privacy is a fundamental right and members of a married woman’s matrimonial home are duty…
The Hon’ble Punjab & Haryana High Court has observed that incidents taking place after filing divorce petition may be taken into consideration while passing the final order. During the initial days of the matrimonial dispute, a panchayat was called and…
In its recent judgement the Hon’ble Supreme Court of India had observed that under Section. 15, of the Hindu Marriage Act, 1956, there is restriction on remarriage of a divorced person. The Hon’ble Court observed that filing of an appeal…