When both spouses mutually agree that they cannot reconcile together and live together is impossible hence, divorce is the best solution. Mutual divorce can be filed under different laws for different religions. 1. Mutual Divorce Under Hindu Laws: It is governed by section 13B of the Hindu Marriage Act, 1955. Certain requirements shall be complied …
Let’s understand the concept of mutual divorce based on mutual consent through this article. The provision of mutual divorce is given under section 28 of the Special Marriage Act 1954 and under section 13B of the Hindu Marriage Act, 1955. Mutual Consent Divorce under Hindu Marriage Act As per the Hindu Marriage Act, mutual consent …
Conditions for Mutual Divorce under Hindu Marriage Act Read More »
The very foundation of the social structure is marriage. The Hindu law views marriage as an indissoluble, immortal rite. Marriage’s sacred nature has given birth to some abnormalities. The Vedas, the earliest collection of Hindu writings, state that Hindu marriages last a lifetime. It is intended to unite two people so that they can carry …
Indian Marriages Shall Not be Influenced by Western Culture Read More »
If any partner leaves the other Partner without giving any reasonable grounds the Hindu Marriage Act provides a remedy under section 9 for restitution of conjugal rights. This applies when one partner withdraws from the society of the other partner, an aggrieved party can apply for restitution of conjugal rights. Partners who cannot stay together …
If you are a woman and have obtained a divorce from your husband you are entitled to maintenance. However, a wife is in no way entitled to maintenance in the event she is living in adultery or without reason refuses to live with her husband. Section 125 to Section 128 of CrPC briefly deals with …
The wife has an indefeasible right to reside in the property of your husband as long as they are husband and wife. Till the time the divorce is granted by the court, the wife cannot be evicted from the husband’s house. “The courts at the place where the wife takes shelter after leaving or being …
Is wife entitled to stay in Matrimonial Home, if Separation is Filed? Read More »
Dowry Death: The Indian Penal Code’s definition of dowry death is found in section 304B (1), which reads: “Where the death of a woman is caused by any burns or bodily injury or occurs, otherwise than under normal circumstances, within seven years of her marriage and it is shown that soon before her death, she …
As per Central Information Commission’s order in the landmark case “Sunita Jain V. Pawan Kumar Jain”, the answer is “yes”. This ruling of Central Information was against an appeal filed by Rahat Bano of Jodhpur post the decision of IT Department where it considered that income details are asked by third parties. IT Department intellect …
Can one Spouse asks for Income details of another Spouse from Income Tax Department? Read More »
While hearing the plea in the case of [V Anusha v B Krishnan], it was observed by the Justice RN Manjula, that if the wife so fears the presence of her husband that she starts streaming in his presence, then the Courts cannot merely direct the husband not to harass his wife and allow him …
In a recent judgement by the Apex Court in the case of [State of Rajasthan v Kistoora Ram (CrA 2119 0f 2010)], the Bench of Justice BR Gavai and Justice PS Narasimha observed that conviction based solely on the extrajudicial confession could not be sustained. It was observed by the court that extrajudicial confession was …
Conviction on the basis of judicial separation cannot be sustained – Supreme Court Read More »
