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...
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...
Supreme Court of India Date of Judgement: 04.08.2016 Grant of a decree of divorce by mutual consent by waiving the six month statutory period of waiting. Facts of the case :- Parties living separately for more than five years-Husband want to go USA and wife also has to think about her future-Decree of divorce granted by the Hon’ble Supreme Court...
Supreme Court of India Date of Judgement: 18.04.2011 The language employed in Section 13B(2) of the Hindu Marriage Act is clear. The Court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met: The second motion by both the parties...
