WHAT IS CRUELTY?

Before 1955, getting a divorce as a Hindu was not always simple. Because the marriage was seen as a religious union in Hinduism. The parliament resolved to create laws pertaining to the Hindu in light of different stigmas in social life of the Hindu. However, doing so was a challenging undertaking. The lawful marriage between... Continue Reading →

Marital Rape- A legal Crime

We are living in the 21st century but still male patriarchy prevails over dignity and self- respect of the woman. This could be seen in the exception (2) of section 375 of the Indian penal code which talks about the validity of marital rape.Violence against women has now become part of daily routine life. Marital... Continue Reading →

Cruelty as a Reason to Divorce

Matrimonial issues involve sensitive human and emotional relationships. It necessitates reciprocal respect, esteem, love, and affection, as well as enough room for fair modifications with the spouse. In addition, the partnership must adhere to social conventions. Matrimonial behaviour is now governed by a statute that was drafted with such norms and the changing social order... Continue Reading →

DIVORCE IN INDIA

ABSTRACT Divorce literally is the end of a marital relationship. It is the termination of the marital bond between the partners. As per the law, divorce is a process which ceases the existence of a marital bond, leading to the dissolution of marriage, after which a marital couple will no longer be husband and wife.... Continue Reading →

History of Divorce in India

History of Divorce in India : Grounds for Divorce: In most Western nations, there are approximately 16 distinct reasons for which divorces are granted. In India, however, only five main reasons are generally accepted as sufficient grounds for divorce . Adultery : While no formal definition of adultery exists, it does have “a fairly established... Continue Reading →

DIVORCE BY MUTUAL CONSENT

Divorce is a process by which the marriage between two grown-ups reaches a conclusion to end their marriage end which might be solemnized under various laws like Hindus which incorporates Sikhs, Jains, the Hindu Marriage Act,1955 administer Buddhists while Christians are represented by Indian Divorce Act, 1869 and the Indian Christian Marriage Act,1872. The Muslims... Continue Reading →

Dowry under Dowry Prevention Act, 1961

The dowry is an ancient tradition found across cultures, religions, and time periods. It is not certain where dowries originated, but the custom takes place in wedding ceremonies even today. History And meaning of  Dowry A dowry is a gift of considerable monetary value given from either the bride or groom to their future spouse... Continue Reading →

DETERMINATION OF JURISDICTION OF PARENTAL RESPONSIBILITY

INTRODUCTION With the changing world, the enhanced mobility of persons and goods makes recourse to private international law a more and more pressing need. The approach to problems concerning jurisdictional competence, conflicts of laws, recognition and enforcement of judgements, international legal assistance is by now clearly influenced by principles relating to human rights, which are... Continue Reading →

UNEQUAL TREATMENT OF WIVES A VALID GROUND FOR DIVORCE FOR MUSLIM WOMEN: KERALA HIGH COURT

UNEQUAL TREATMENT OF WIVES A VALID GROUND FOR DIVORCE FOR MUSLIM WOMEN: KERALA HIGH COURT The refusal to cohabit and perform the marital obligations with the previous wife is tantamount to the violation of the Quranic injunctions which commands equal treatment of the wives if the husband contracts more than one marriage. In such circumstances,... Continue Reading →

Divorce by Mutual Consent

Since 1976, the Hindu Marriage Act has included mutual consent as a reason for divorce. The Special Marriage Act of 1954 was the sole Indian regulation that allowed for divorce by mutual consent prior to 1976. 1 If the marriage fails and the parties agree, a person married under the provisions of this Act may... Continue Reading →

Cruelty as a Ground for Divorce

In section 13(1) of the Marriage Laws (Amendment) Act of 1976, "cruelty" was included as a reason for divorce (ia). The term "cruelty" is not defined in the Act, and it was previously not a basis for judicial separation. Cruelty can take the form of either physical or emotional abuse. Cruelty to one's body will... Continue Reading →

Divorce under Muslim Law

INTRODUCTION Amongst all nations of antiquity, divorce was regarded as natural corollary of marital rights. Islam is the first religion in the world which has expressly recognized the termination of marriage by way of divorce. In India the divorce was recognized after the passing of Hindu Marriage Act, 1955. Under Muslim law there is no... Continue Reading →

Protection Officer under the Domestic Violence Act

“When it comes to abuse, you believe there’s no way out. There is always help. There is always a way out.” Rev. Donna Mulvey Domestic Violence: Is an aggressive behaviour within the home, typically involving the violent abuse of a spouse or partner. It is not only done by husbands but is an abuse even... Continue Reading →

TRIPLE TALAQ

Triple talaq is the most famous case back in 2017 and it's the most landmark judgment in2017. First, we have to know what the meaning of word triple talaq is or talaq-e-biddat as it is known among the Muslim community. Basically, it is the practice in Muslim law which gives a man's right to divorce... Continue Reading →

TRIPLE TALAQ

Triple Talaq Triple talaq is the most famous case back in 2017 and it's the most landmark judgment in2017. First, we have to know what the meaning of word triple talaq is or talaq-e-biddat as it is known among the Muslim community. Basically, it is the practice in Muslim law which gives a man's right... Continue Reading →

ADULTERY IN MARRIAGE

Adultery is the application of democracy to love. ADULTERY IN MARRIAGE The word 'adultery' is gotten from the Latin word 'adulterium'. The philosophy behind this word is like 'adulteration' which signifies 'the activity of making something more unfortunate in quality by the expansion of another substance'. Debasement in any sense and in anything is constantly... Continue Reading →

TRIPLE TALAQ

Triple talaq is the most famous case back in 2017 and it's the most landmark judgment in2017. First, we have to know what the meaning of word triple talaq is or talaq-e-biddat as it is known among the Muslim community. Basically, it is the practice in Muslim law which gives a man's right to divorce... Continue Reading →

IRRETRIEVABLE BREAKDOWN THEORY

Irrespective of the three remedies available to parties that is: restitution of legal right, legal separation and divorce, the judiciary in India is demanding irretrievable breakdown of marriage as a special ground for divorce, as sometimes court face some difficulties in granting the decree of divorce thanks to a number of the technical loopholes within... Continue Reading →

FAMILY COURT

The purpose and aim of establishing the Family Courts is to protect and preserve the institution of marriage and to promote the welfare of children and provide for settlement of disputes by conciliation. The Family Courts Act extends to the whole of India except Jammu and Kashmir. Every State Government after consultation with the High Court... Continue Reading →

MAINTENANCE OF WIFE UNDER MUSLIM LAW

It is a settled position that under the Muslim Law, the Husband is bound to maintain his wife. It is the mandatory provision in Quran that a husband is bound to maintain his wife. The Right of maintenance of wife is a preferential, Absolute and independent right. The wife’s right to be maintained to be... Continue Reading →

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