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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The article explores how cross-border marriages turn into complex legal battles when love meets the limits of jurisdiction. It uncovers the real data, challenges, and legal maze faced by NRIs seeking justice in India. Disputes arise when love transcends national boundaries Indian citizens live, work, and marry overseas, resulting in a mix of cross-cultural unions, […]
Introduction Under the Hindu laws, cruelty is a ground of divorce for a wife or a husband, either of them can seek a divorce on this ground. Under Section 13(1)(iA) of Hindu Marriage Act, 1955 (Act), a petition can be filed by either the husband or the wife for seeking divorce on the ground of […]
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 […]
What is Divorce? Divorce refers to the legal termination of a marriage, and in India, the laws governing divorce can vary based on the personal laws associated with the parties’ religions, similar to marriage laws. In the Indian legal system, the divorce process typically commences with the submission of a divorce petition. The procedure unfolds […]
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 […]
In accordance with the Hindu Marriage Act of 1955, a contested divorce, where one party seeks divorce without the consent of the other, can be pursued based on various grounds outlined in the Act. The process of initiating a contested divorce commences with consulting a knowledgeable divorce attorney. The individual seeking divorce must provide a […]
Comparison of Hindu, Muslim and Christian divorce law in India The Divorce law in India was not codified for most religions until long ago. Hindu Males were allowed unlimited polygamy till 1955, and till 1939, a Muslim Woman could not seek divorce from her husband basis their laws. Every religion is governed by its own […]
In 2023, India implemented substantial changes to divorce proceedings through amendments to the Hindu Marriage Act, particularly affecting the Hindu community. These modifications are noteworthy and involve expanded grounds for divorce, encompassing factors such as adultery, mental or physical cruelty, desertion, conversion, and the irretrievable breakdown of a marriage. Unlike the previous law that primarily […]