Category: Matrimonial Law
A collection of Judgements which are related to Matrimonial Law by Supreme Court of India and Delhi High Court.
Section 498-A of Indian Penal Code was introduced with the aim of criminalising cruelty against women by their husband and his relatives, ensuring protection and justice for victims of domestic violence. However, an alarming trend has emerged where the provision is being misused by some women to settle personal scores with their husbands and relatives. This has led to a...
What is included in cruelty under Divorce Laws Repetitive abuse or inhumane treatment constitutes cruelty or domestic violence. It can cause emotional harm through repeated intimidation, violent language, verbal abuse, or threats of harm. Cruelty refers to violent acts. However, a mere quarrel, petty outrageous behaviour or differences between the spouses do not come in the ambit of cruelty because...
DIVORCE can be a deeply challenging and emotionally charged process. Understanding how to negotiate a fair divorce settlement, both inside and outside the court, is crucial for ensuring a just outcome for all involved. This article explores the mechanisms and considerations of divorce settlements, bolstered by recent judicial rulings and practical advice. The grounds for divorce under Section 13 of...
What is meant by live-in-relationship? Live in relationship is when a couple, usually a man and a woman cohabit/ live together in a long term relationship as a husband and wife without being legally married. Are there any legal provisions granting rights to women in live-in-relationship? There is no specific legal provision regarding live in relationships however, Protection of Women...
In a landmark judgement of Joseph Shine vs Union of India on 27 September, 2018 Hon’ble Apex Court declared Section 497 of Indian Penal Code as unconstitutional. Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution. Along with Section497, Section 198(2) of the Cr.P.C. which contains the procedure for prosecution under...
In the matter of Amardeep Singh vs. Harveen Kaur the question which arose for consideration before the Hon’ble Supreme Court of India in this appeal was whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 for filing of second motion for passing of Decree of divorce on the basis of mutual consent...
Main contention raised in this appeal is that there is need to check the tendency to rope in all family members to settle a matrimonial dispute. Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of...