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.
Category: Divorce
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…
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…
Read More Grounds for decree for dissolution of a Muslim marriage
Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes
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 the institution of marriage into disrepute.
Calling of names and hurling of abuses such as ‘Hathi’, ‘Mota Hathi’ by the wife to her husband is cruelty
The calling of names and hurling of abuses such as 'Hathi', 'Mota Hathi' and 'Mota Elephant' by the appellant in respect of her husband - even if he was overweight, is bound to strike at his self respect and self…
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.
Whether the family Court of Delhi has any jurisdiction when the parties and the minor Daughter are American?
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, with visitation and access rights to the biological father whenever he would visit India
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.
A Muslim father to maintain his minor children governed by Cr.P.C- Muslim Women (Protection Or Rights On divorce) Act, has no application.
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.
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.
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.
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.
Law relating to judicial separation, divorce and nullity of marriage is not uniformin India
Supreme Court Demanded Uniform Civil Code for India
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.”
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