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Hindu Marriage Laws

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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SC Lays Down Safeguards Against POCSO Misuse In Matrimonial Custody Disputes [Read Judgment] Judiciary
SC Lays Down Safeguards Against POCSO Misuse In Matrimonial Custody Disputes [Read Judgment]

Supreme Court quashes POCSO FIR against father after CBI probe found allegations unreliable, restores custody and directs safeguards before coercive action in matrimonial disputes.

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 Judiciary
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 Judiciary
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 Family Court.

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.

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...

Calcutta HC Sets Aside Trial Court's POCSO Case Order in Mutual Divorce Proceedings, Says Judge Exceeded Jurisdiction [Read Order]

The Calcutta High Court set aside a trial court order directing registration of a POCSO case while hearing a mutual consent divorce petition, holding that the judge exceeded jurisdiction under Section...

Wife Marrying Off Daughter Secretly Constitutes Mental Cruelty to Husband: Madras HC [Read Judgment]

Madras High Court grants divorce, holding that secretly arranging daughter’s marriage without informing the father amounts to mental cruelty.

Prolonged cohabitation results in presumption of marriage: SC [Read Judgment]

Prolonged cohabitation presumes valid marriage unless disproved by strong evidence; woman’s silence seen as deliberate evasion, appeal dismissed: SC

Comparative Study Of Matrimonial Laws Of Hindu And Muslim

Comparative analysis of Hindu and Muslim matrimonial laws, exploring differences in marriage and divorce provisions under personal laws for both religions.


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