Virtual Hearing for NRIs
Very often Indians marry in India and then they settle abroad. If such a marriage needs to be mutually dissolved, then these NRIs earlier used to either travel to India to attend court hearings or need to nominate a family…
Mutual Divorce before one year of marriage
At times there are issues in a marriage right from the beginning and then husband and wife start living separately. As per section 13 B (1) of the Hindu Marriage Act, a petition for mutual divorce can only be presented…
Judgement on admissions
What to do if in a civil or family case, the defending party admits to an allegation? The answer is to file an application under following provisions of Civil Procedure Code, 1908 (CPC): Section 58 CPC. Facts admitted need not…
HMA 24 not to equalize income of wife with husband
Court: Hon’ble High Court of DelhiDate: 12.02.2019Case No.: MAT.APP(F.C.) 93/2018 & CM APPL 18317/2018Title: KN Vs RG Brief Facts: Marriage between the parties solemnized on 24.06.2012 at New Delhi as per Hindu rites and ceremonies. No child was born out…
‘Capable of earning’ no ground to reduce maintenance
Court: Hon’ble Supreme Court of IndiaDate: 18-01-2017Case No.: Criminal Appeal No. 125-126 Of 2017 (Special Leave Petition (Crl.) No. 6025-6026 Of 2013)Title: Shailja & Another Vs. Khobbanna Brief facts: The Family Court had directed payment of maintenance for an amount…
Testimony of plaintiff is unimpeached if respondent is ex-parte
Many times when one party files a case, the other party after receiving court summons, does not appear in court. In such a scenario, the Hon'ble Judge decides the case on the basis of the material available before the court,…
Marriage with non-hindu under HMA is nullity
Court: Hon’ble Supreme Court of IndiaDate: 04.12.2008Case No.: CIVIL APPEAL NO. 2446 OF 2005Title: Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani The only question which falls for determination in this Civil Appeal by way of Special Leave is…
‘Living separately’ for Mutual Divorce
When a couple files a case for mutual divorce, one of the requirements in law is that the parties must have been living separately for a period of one year or more. A lot of people interpret this requirement as…
Separation in mutual divorce for Christians
Court: Hon’ble High Court of KeralaDate: 25.02.10Case No.: W.P.(C) No. 20076 of 2009-RTitle: SAUMYA ANN THOMAS Vs. Union of India Following questions were raised: Is the stipulation of a period of two years as the minimum mandatory period of separate…
Mutual Divorce process in Gurugram
The District Court Gurugram has two Family Courts. Below is the step by step process of mutual consent divorce as followed in these family courts. Step 1The Parties define the terms of separation related to child custody, alimony/maintenance, joint property,…