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...
Divorce
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...
26/3/2007-Samar Ghosh vs Jaya Ghosh-Law of divorce based mainly on fault is inadequate to deal with a broken marriage. Under the fault theory, guilt has to be proved; divorce courts are presented concrete instances of human behaviour as bring...
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...
Whether the family Court of Delhi has any jurisdiction when the parties and the minor Daughter are American?
56 min read
The custody of the minor girl child M would remain with the appellant until she attains the age of majority or the Court of competent jurisdiction, trying the issue of custody of the minor child, orders to the contrary,...
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...
provisions of the Code remain fully applicable to the Muslims, notwithstanding the controversy resulting from the Shah Bano case and the enactment of the Muslim Women (Protection of Rights on divorce) Act, 1986.
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...
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.
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...
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