The word divorce is not considered to be a happy sounding word, particularly in Indian social set-up, but in the contemporary times it has become a common word in the corridors of family courts. There was a time when marriage was a commitment for lifetime and nothing could shake this bond come what may. With the changes rapidly coming to the life style and even thinking, the word divorce has gained an acceptance in Indian society.In simple words, divorce stands for permanent legal separation between a man and a woman based on mutual consent or through a legal process. As per the law of the…
READ MOREDown home viciousness is an example of conduct that incorporates the injurious conduct by a male person against a female during marriage, dating, cohabitation or anywhere else. It is otherwise called local ill-use, battering, spousal ill-use, family roughness, dating misuse, and personal accomplice viciousness. Frequently, domestic violence and ill-use is not just constrained to physical viciousness.Violence can likewise mean unlawful detainment, risk, grabbing, criminal intimidation, badgering, trespassing and so forth. Residential misuse happens crosswise over family, social order, sexual…
READ MOREAccording to the legal provisions in India, in single-party divorce petitions, the onus is on the spouse filing for divorce to prove the grounds for divorce such as changing religion, cruelty, desertion and adultery. Usually, the cases go to criminal court under IPC 498A, followed by the demand for maintenance and alimony, allegations and the complicated cases are dragged for years, which cause lots of disturbance not just for the couples but for their families as well.In Mutual consent Divorce, a joint Divorce petition is filed in the District Court containing all terms and conditions…
READ MOREThere was a time when no widow in Indian society was permitted to have second marriage unless it was authorized by the then prevailing customs. However, regardless of the possibility that allowed to do the same, it involved the relinquishment or stripping of the widow’s home as there was settled standard of Hindu law that chastity was a condition point of reference for a widow to inherit her spouse’s legacy unless this had been approved prior by the spouse. Remarriage of widows was sanctioned in all cases by the Hindu Widows Remarriage Act, 1856.The Act gave that all rights and interests…
READ MOREWhen a husband or wife withdraws from the society without any reasonable excuses, the aggrieved party may approach the Court for restitution of conjugal rights. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other one to stay with the person who institutes petition for restitution. However, if the decree of restitution of conjugal right is not honored for…
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