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Hindu Marriage Act 1955

Article 227 Cannot Be Used To Quash Section 9 HMA Proceedings Before Family Court: Madhya Pradesh HC [Read Order]
Judiciary
Article 227 Cannot Be Used To Quash Section 9 HMA Proceedings Before Family Court: Madhya Pradesh HC [Read Order]

Madhya Pradesh High Court holds that Article 227 cannot be invoked to quash proceedings for restitution of conjugal rights under Section 9 of the Hindu Marriage Act pending before a Family Court.

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Calling Husband ‘Black Complexioned’ Or ‘Fatty’ Not Enough For Divorce: Chhattisgarh HC [Read Judgment] Judiciary
Calling Husband ‘Black Complexioned’ Or ‘Fatty’ Not Enough For Divorce: Chhattisgarh HC [Read Judgment]

Chhattisgarh High Court holds that allegations of a wife calling her husband “black complexioned” or “fatty” cannot by themselves establish mental cruelty or justify divorce without cogent evidence.

Interim Maintenance Payable From The Date Wife Becomes Unemployed: Delhi HC [Read Judgment] Judiciary
Interim Maintenance Payable From The Date Wife Becomes Unemployed: Delhi HC [Read Judgment]

Delhi High Court upholds ₹5,000 monthly interim maintenance but modifies its effective date, holding that maintenance is payable only from July 1, 2024, when the wife became unemployed.

Wife’s Wish To Make Husband ‘Gharjamai’ Not Cruelty: Jharkhand HC [Read Judgment] Judiciary
Wife’s Wish To Make Husband ‘Gharjamai’ Not Cruelty: Jharkhand HC [Read Judgment]

Jharkhand High Court holds that a wife’s wish that her husband live as a ‘gharjamai’ and her visits to her parental home, without compulsion, do not constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act.

Divorce Decree Does Not Bar Wife From Seeking Permanent Alimony Under Section 25 HMA: Madhya Pradesh HC [Read Order] Judiciary
Divorce Decree Does Not Bar Wife From Seeking Permanent Alimony Under Section 25 HMA: Madhya Pradesh HC [Read Order]

The Madhya Pradesh High Court held that a divorce decree does not by itself bar a spouse from seeking permanent alimony under Section 25 of the Hindu Marriage Act and granted the wife liberty to approach the matrimonial court.

In Under a Year, Delhi Family Court Grants Divorce, Holds False Complaints Against Spouse Amount to Cruelty

Delhi Family Court grants divorce on ground of cruelty, holding that false complaints and reckless allegations against a spouse can amount to mental cruelty.

Parent Cannot Defeat Custody Jurisdiction By Removing Child: Karnataka HC

Karnataka High Court holds that a child's ordinary residence does not change merely because a parent removes the child to another place, and restores the mother's custody petition before the Bengaluru...

Vague Allegations Cannot Sustain Domestic Violence Act Case Against In-Laws: Gujarat HC

Gujarat High Court quashes Domestic Violence Act proceedings against sisters-in-law, holding that vague allegations without specific roles cannot sustain criminal proceedings.

Cumulative Effect of Matrimonial Conduct Can Constitute Mental Cruelty: Karnataka HC

Karnataka High Court holds that the cumulative effect of prolonged matrimonial discord, failed reconciliation and separation can establish mental cruelty under Section 13(1)(ia) of the Hindu Marriage ...

Right to Marry Is a Human Right, Calls for Stay Requirement in Divorce Appeals: Madras HC [Read Judgment]

Madras High Court holds that the right to marry is a human right and suggests amending Section 15 HMA to require a timely stay before a divorce decree can indefinitely block remarriage.

Name in Voter List Does Not Prove Valid Hindu Marriage Under Section 7 Hindu Marriage Act: Patna HC

Patna High Court holds that a woman's name as a spouse in voter records cannot establish a valid Hindu marriage without proof of solemnisation through requisite rites under Section 7 HMA.

Spouse Cannot Resile From Mediated Divorce Settlement After Taking Benefits: Jharkhand HC [Read Order]

Jharkhand High Court has held that parties cannot unilaterally withdraw from a court-annexed mediation settlement after signing it and accepting benefits under its terms.

Whether Saptapadi Was Performed in Alleged Second Marriage Is a Matter of Trial : Uttarakhand HC [Read Order]

The Uttarakhand High Court held that whether Saptapadi and other essential ceremonies were performed in an alleged second marriage is a matter for trial, refusing to quash bigamy proceedings under Sec...

Permanent Alimony Must Balance Wife's Financial Security and Husband's Paying Capacity: Jharkhand HC

The Jharkhand High Court ruled that permanent alimony must balance the wife's financial security with the husband's paying capacity, holding that no fixed mathematical formula can determine its quantu...

Irretrievable Breakdown of Marriage Amounts to Cruelty, Grounds for Divorce: Calcutta HC

The Calcutta High Court held that an irretrievable breakdown of marriage amounts to cruelty under the Hindu Marriage Act and granted divorce after finding the parties had lived apart for nearly two de...


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Senior Citizens Rights Handbook

The Senior Citizen Rights Handbook is a comprehensive guide designed to empower elderly citizens with clear and accessible knowledge of their legal and social rights in India.

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