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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When Marriage Void under Hindu Marriage Act, 1955, A marriage becomes void, if any of the conditions related to Section 5(1), 5(4), 5(5) of HMA is contravened. These conditions hereto are: Either party Has A Spouse Living At the Time Of The Marriage The Parties To the Marriage Fall within The Degrees Of Prohibited Relationship The […]
Communication between Husband and Wife is considered “Privileged Communication” besides being personal and sensitive at most times. As per the Law Dictionary, a conversation that takes place within the context of a protected relationship between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient is called Privileged […]
I have been attached to a few Men’s Rights Groups. Overall, the group mood is that Man should not file for divorce as he is unlikely to get the same and should contest tooth and nail if filed by a wife. So much so that in the cases of Adultery as well, when there are […]
NRIs staying abroad and in matrimonial disputes often wonder whether to file a divorce in a foreign country. There needs to be more understanding around the same. This article attempts to capture under which conditions a decree obtained in a foreign court is valid in India. It does not try to venture into the domain […]
We all know that one of the cardinal principles of the criminal justice system is that an accused is presumed to be innocent unless proven otherwise. In the Indian justice system, it is aid if two views are possible, one pointing towards the guilt of the accused and the other towards his innocence, that favourable […]
Approved by Indian Parliament in year 1983, Indian Penal Code 498a (Husband or relative of husband of a woman subjecting her to cruelty: Section 85 & 86 of The Bharariya Nyaya Sanhita, 2023) is a criminal law (not a civil law) which is explained as follows, “Whoever, being the husband or the relative of the […]
Misuse of 498A IPC 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) was added after an amendment was approved by the Indian Parliament in the year 1985. Indian Penal Code 498A (Husband or relative of husband of a woman subjecting her […]
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 […]
Financial Planning for Divorce Litigation It is said that Courts and Hospitals wipe out the whole life savings of individuals and turn a king into a pauper. We all have read in newspapers about the estimated Rs.400 crore divorce of Hrithik Roshan and now another estimated $36 Billion Divorce settlement of Jeff Bezos. However, they […]
Last week, the Delhi High Court gave Landmark Guidelines on Mutual Divorce while deciding the fate of 17 petitions between warring couples in which at least one of the parties has resiled from their original position, rendering Decree u/s 13B of the Hindu Marriage Act as an impossibility. This judgement will favour the better prepared […]