Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
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Section 13B of the Hindu Marriage Act, 1955 addresses the process of mutual consent divorce, detailing specific procedures to be followed. The steps involved in filing a mutual divorce petition are elucidated below: Filing of a petition: To commence the process, both spouses must jointly present a petition seeking the dissolution of their marriage and […]
Amongst the various grounds of divorce available in Hindu Marriage Act and other enactments is the ground of Adultery. The divorce on grounds of adultery is based on the principle that marriage gives an assurance that the other person is in a state of equitable with you. And when an erring spouse so breaks the […]
Steps Involved In A Contested Divorce In India STEP-I: The divorce petition containing the facts of the case, the grounds of divorce, and all parties’ personal details is filed before the Family Courts under the law. Before filing a petition for divorce before a Family Court, it should be checked for the case facts, i.e. […]
“We have always stated that triple talaq is neither an issue of religion nor of prayer nor of any other communal consideration. It is an issue of women empowerment.” – Ravi Shankar Prasad The now historic words were spoken by the Union Minister of Law and Justice in the Parliament while debating the Controversial “Muslim […]
A lot of queries are posted in groups regarding the procedure followed for various cases. More importantly, the DV Case Procedure is one of the highest-queried topics on our Whatsapp groups. Â In this article, I have listed the steps involved in a Domestic Violence case. These steps are followed in Delhi only, whereas in […]
Introduction Witness examination is an integral part of a trial. Witness testimonies are essential to evidence as the person making the statements has witnessed the incident. Section 135 to 165 of the Indian Evidence Act of 1872 deals with the examination and cross-examination of witnesses. The heart and soul of proceeding is cross-examination, a core […]
This article covers Multiple Maintenance provisions available to a Hindu Woman is a paradise for then and how the same affects the finances of a man.
Injunction in Matrimonial Cases A Legal Way to Save your Property In Matrimonial Disputes It is often seen that matrimonial disputes sometimes become property disputes also, and more so when one party becomes greedy and, to tilt a settlement in their Favour, uses property as a means. Ultimately, the party which owns a property is […]
Most men who file matrimonial cases in the correct jurisdiction also suffer when the wife approaches the High Court or Supreme Court to transfer the case to the court in which the wife resides. The same is done u/s 24 of the Civil Procedure Code in High Courts and u/s 25 of the Civil Procedure […]
False charges of rape The Apex Court in Sonu v. State of U.P. quashed an FIR u/s 376 IPC (Punishment for Rape: Proposed Section 64 of The Bharariya Nyaya Sanhita, 2023) between former lovers on the ground that “there is no allegation that the promise to marry given to the second respondent (prosecutrix) was false at the inception”. […]