Church Court has no power to grant Divorce in India-decree passed by such Ecclesiastical Tribunal cannot be binding on the courts which have been recognised under the provisions of the divorce Act to exercise power in respect of granting divorce and adjudicating in respect of matrimonial matters.
Dipanwita Roy vs Ronobroto Roy [All SC 2014 October]-when there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA test is eminently needed.
Divorce by mutual consent under Special Marriage Act 1954-SPECIAL MARRIAGE ACT 1954 Divorce by mutual consent . (1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district Court by both the parties together on the
Dr. N. G. Dastane Versus Mrs. S. Dastane [ALL SC 1975 March]-The Mohomedan law, on a question of what is legal cruelty between Man and Wife, would probably not differ materially from our own of which one of the most recent exposition is the following:- There must be actual violence of such a character as to endanger personal health or safety; or there must be a reasonable apprehension of it’
Grounds for decree for dissolution of a Muslim marriage-A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) that the whereabouts of the husband have not been known
How to deal with a Divorce Petition-A petition for divorce is not like any other commercial suit. A divorce not only affects the parties, their children, if any, and their families but the society also feels its reverberations. Stress should always be on preserving the institution
How to enforce conjugal rights in India- Section 9 only is a codification of pre-existing law. Rule 32 of O. 21 of the Code of Civil Procedure deals with decree for specific performance for restitution of conjugal rights or for an injunction.
Law of Divorce explained by Supreme Court- the right to sue would also survive even if the other spouse dies pending such appeal or application under Order IX, Rule 13, C.P.C. In either case proceedings can be continued against the legal heirs of the deceased spouse who may be interested in supporting the decree of divorce passed against the aggrieved spouse.
Muslim Personal Law Board posed to defeat the right to maintenance of Muslim women in Shah Bano Begum case-Dr. Tahir Mahmood in his book ‘Muslim Personal Law’ (1977 Edition, pages 200-202), has made a powerful plea for framing a uniform Civil Code for all citizens of India. He says .:
“In pursuance of the goal of secularism, the State must stop administering religion-based personal laws”. He wants the lead to come from the majority community but, we should have thought that, lead or no lead, the State must act. It would be useful to quote the appeal made by the author to the Muslim community:
“Instead of wasting their energies in exerting theological and political pressure in order to secure an “immunity” for their traditional personal law from the State’s legislative jurisdiction, the Muslims will do well to begin exploring and demonstrating how the true Islamic laws,, purged of their time-worn and anachronistic interpretations, can enrich the common civil code of India.”
Naveen Kohli Versus Neelu Kohli-21/03/2006-Irretrievable breakdown of marriage-Section 13 of the Hindu Marriage Act-Supreme Court recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce.
Pankaj Mahajan Vs Dimple @ Kajal[ALL SC 2011 SEPTEMBER]-KEYWORDS:-DIVORCE-MENTAL CRUELTY-INSANITY OF WIFE- DATE:-30-09-2011- “Husband had placed ample evidence on record that the Respondent-wife is suffering from “mental disorder” and due to her acts and conduct, she caused grave mental cruelty to him and it is not possible for
Ranjit Kaur Vs Major Harmohinder Singh and Others[ALL SC 2011 NOVEMBER]-KEYWORDS:-EVICTION OF WIFE AFTER DECREE OF DIVORCE Date: 02-11-2011- “Even though, after passing of the decree of the divorce she may not have a legal right to continue to remain in possession of the suit property, Respondent No. 1 cannot
Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]-Now, adultery is the sexual intercourse of two persons, either of whom is married to a third person. This clearly supposes the subsistence of marriage between the husband and wife and if during the subsistence of marriage, the wife lives in adultery, she cannot claim Maintenance Allowance under Section 125 of the Code of Criminal Procedure.
Smt. Rohini Kumari Versus Narendra Singh [ALL SC 1971 December]-Desertion within the meaning of Section 10(1)(a) of the Act read with the Explanation does not imply only a separated residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
Smt. Satya Vs Teja Singh [ ALL SC 1974 October]-Whether Indian Courts bound to give recognition to divorce decrees granted by foreign Courts? DATE:-Decided on : 01-10-1974- Whether a Hindu marriage solemnised within this country can be validly annulled by a decree of divorce granted by a foreign Court
What is Anti-Suit Injunction and when shall it not to be granted?-Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is a judicial order restraining one party from prosecuting a case in another court outside its jurisdiction. The principles governing grant of injunction are common to that of granting anti-suit injunction. The cases of injunction are basically governed by the doctrine of equity.
What is Irretrievable breakdown of marriage?-the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in life, an experience of the joy that comes from enjoying, in common, things of the matter and of the spirit and from showering love and affection on one's offspring. Living together is a symbol of such sharing in all its aspects. Living apart is a symbol indicating the negation of such sharing.
What is mental cruelty for getting a divorce?-The general rule in all questions of cruelty is that the whole matrimonial relations must be considered, that rule is of a special value when the cruelty consists not of violent act but of injurious reproaches, complaints, accusations or taunts. It may be mental such as indifference and frigidity towards the wife, denial of a company to her, hatred and abhorrence for wife, or physical, like acts of violence and abstinence from sexual inter-course without reasonable cause. It must be proved that one partner in the marriage however mindless of the consequences has behaved in a way which the other spouse could not in the circumstances be called upon to endure, and that misconduct has caused injury to health or a reasonable apprehension of such injury.
What is the kind of mental cruelty that is required to be established to get divorce?-The question arises what kind of cruel treatment does clause 13(ia) contemplate? In particular, what is the kind of mental cruelty that is required to be established’? While answering these questions, it must be kept in mind that the cruelty mentioned in clause (ia) is a ground now for divorce as well as for judicial separation u/S. 10. Another circumstance to be kept in mind is that even where the marriage has irretrievably broken down, the Act, even after the 1976 (Amendment) Act, does not permit dissolution of marriage on that ground.
What will happen if one consenting party withdraw consent before passing a decree in mutual Consent Divorce Suit?-the Court cannot pass a decree of divorce by mutual consent if the Court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality and consent for divorce. Mutual consent to the divorce is a sine qua non for passing a decree for divorce under Section 13-B. Mutual consent should continue till the divorce decree is passed. It is a positive requirement for the Court to pass a decree of divorce. “The consent must continue to decree nisi and case is heard.
When a domestic violence case could be cancelled by Court-In a Domestic Violence Complaint u/s 12 of the DV ACT, if the Complainant wife takes the plea that she has lodged a Police Case u/s 498A of IPC and makes it ground for DV Complaint:-
Yuvraj Digvijay Singh Versus Yuvrani Pratap Kumari [ ALL SC 1969 May ]-In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, the respondent, was impotent at the time of the marriage and continued to be so until the institution of the proceedings.
