Irretrievable Breakdown of Marriage
Marriage and divorce in India are governed by the personal laws of different communities such as Hindu Marriage Act, 1955 (“HMA”), The Dissolution of Muslim Marriage Act, 1939, Special Marriage Act, 1954, the Divorce Act, 1869, the Parsi Marriage and Divorce Act, 1936 etc. There are times, when the marriage between the parties stands such...
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A Norm of Initiating Package of Cases
Rajan v. The State of Madhya Pradesh [1] Hon’ble Justice Vivek Rusia observed as under: “Nowadays the very purpose of the insertion of Section 498-A in the Penal Code, 1860 with the object to punish the husband or his relatives, has been defined. In most of the cases, this section is being misused as observed by...
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Maintenance to Wife
There are numerous laws applying to matters pertaining to maintenance and such jurisdiction is assumed by the Family Courts under the Family Courts Act, 1984. The laws governing maintenance are as under: Code of Criminal Procedure, 1973. Family Courts Act, 1984. Hindu Adoptions And Maintenance Act, 1956. Protection of Women From Domestic Violence Act, 2005...
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Settlement in Divorce by Mutual Consent
Section 13 B of the Hindu Marriage Act, 1955, provides for divorce by mutual consent, wherein both the parties present a joint petition before the Court, expressing their intention to end their marital ties. Usually, a settlement agreement or mediation report is being made, consisting of terms on which the parties agree, which usually consists...
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