“A decree of divorce was granted on 9.12.2016. Either parties could re-marry. Custody of both the children was agreed to be with the Appellant. Appellant re-married and there was a biological son of his second wife, borne out of her first wedlock. We have given deep thought to the matter. The second marriage of the […]Read more "Second Marriages and Child Custody"
“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]Read more "Masterly Concubinage II"
Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]Read more "#The377Debate II : 06.09.2018"
Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, ‘a mensa et […]Read more "A Mensa Et Thoro"
Section 15 of the The Hindu Marriage Act, 1955: “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal […]Read more "Section 5(1) + Section 15 of The Hindu Marriage Act"
Thushara, when 19, married a man, not yet 21, at the Chakkulathukavu Bagavathi Temple. Her father filed a petition before the High Court of Kerala and was awarded her custody. The Supreme Court recently called a submission ‘neat’: “The High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she […]Read more "The Freedom of a Major Girl"
In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454 speaking through Justice A.M. Khanwilkar disapproved of the “first strike” principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued that since the mother had not sought custody of the child by approaching any competent Indian Court prior […]Read more "The “First Strike” in Child Custody Battles II"
Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]Read more "Jactitation of Marriage"
Recently in M/s. Meters and Instruments Private Ltd. v. Kanchan Mehta, [Criminal Appeal No. 1731 of 2017] Goel and Lalit JJ observed: “There appears to be need to consider categories of cases which can be partly or entirely concluded ‘online’ without physical presence of the parties by simplifying procedures where seriously disputed questions are not required […]Read more "Video Conferencing in Matrimonial (Cheque) Disputes II (I)"
My Lord, Is the statutory period of six months prescribed under Section 13B(2) of The Hindu Marriage Act, 1955 (for a motion for passing decree of divorce on the basis of mutual consent) mandatory or directory and if directory, can the same be dispensed with, exercising the power under Article 142? Before 2 Judges in […]Read more "Section 13B of The Hindu Marriage Act III"
The Court ‘needed to consider’ whether a general order could be passed to the effect that in a case where a husband files matrimonial proceedings at place where the wife does not reside, the Court concerned should entertain such petition only on the condition that the husband makes appropriate deposit to bear the expenses of […]Read more "Video Conferencing in Matrimonial Disputes I"
A citation of questionable scientific standard. _____ In a child custody dispute in the Suburbs of Pittsburgh, three teenage boys begged a Family Court Judge not to force them to continue visits to their father because, they said, he was physically abusive towards them. The Judge relied on an Expert Witness, retained by the father, […]Read more "The Disputed Reality of Parental Alienation Syndrome"
The Appellant-Husband was treated cruelly by the Respondent-Wife. There were repeated threats of suicide [See, Pankaj Mahajan v. Dimple, (2011) 12 SCC 1]; levelling of disgusting accusations of indecent familiarity with a person outside wedlock [Vijaykumar v. Neela, 2003 (6) SCC 334]. Both are acts of cruelty within the meaning of The Hindu Marriage Act, […]Read more "Monsters-In-Law III"
A ‘domestic violence‘ within the meaning of The Protection of Women from Domestic Violence Act, 2005 is ‘gender neutral‘; physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women. “Even sexual abuse may, in a given fact circumstance, be by one woman on another.” The SC in Hiralal […]Read more "Monsters-In-Law II"
“It is well established that the right to life under Article 21 of the Constitution includes the right to lead a dignified and meaningful life and the right to health is an integral facet of this right. In Subhash Chandra Bose, (1992) 1 SCC 441 while dealing with the right to health of workers, it […]Read more "Right to Reproductive Health"
The ‘statutory period of waiting’ has been waived again in Wadhera v. Wadhera, [Transfer Petition (Civil) No. 569 of 2014]. The SC held, “having regard to the background of the several litigations between the parties over a period of 5 years, background of the parties living separately for more than 5 years, submission of the Husband […]Read more "Section 13B of The Hindu Marriage Act II"
“Under Section 7(1), Explanation (b) of The Family Courts Act, 1984 (“Act”) a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8 all those jurisdictions covered under Section 7 are excluded […]Read more "Dispute on Matrimonial Status"
Section 13B of The Hindu Marriage Act, 1955 (“Act”), reads as: “Divorce by mutual consent – (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized […]Read more "Section 13B of The Hindu Marriage Act I"
In 2007, Bharat Matrimony [www.bharatmatrimony.com] shared the following information on its website: The Limca Book of Records has conferred an honor on Bharat Matrimony for the maximum number of online marriages. In fact, we have 8 times more success stories than the nearest marriage portal [Bharat Matrimony, Civil Appeal No. 2142 of 2007 decided on 07.01.2016]. […]Read more "Matrimony in Bharat / The Importance of Limca Records"
To convict for the offence punishable under Section 304B, the following essentials must be satisfied: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; “Section 304B IPC does not categorize death as homicidal or suicidal or accidental. This is because death caused by […]Read more "Landmark Judgment on Dowry Deaths"