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…
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…
Cooling-off period in mutual divorce
Court: Hon’ble Supreme Court of IndiaDate: September 12, 2017Case no.: CIVIL APPEAL NO.11158 OF 2017 (Arising out of Special Leave Petition (Civil)No. 20184 of 2017)Title: Amardeep Singh vs Harveen Kaur The major points in the judgement are: A. We are…
Physical proceedings not to be insisted in pandemic
Court: Hon'ble High Court of DelhiDate: 22.01.21Case No.: MAT.APP.(F.C.) 9/2021Title: Mukesh More Vs Soni Kumari Brief Facts: Parties applied for mutual consent divorce. Statement of parties recorded by Hon'ble Family Judge via virtual hearing as per the guidelines issued by…