Tag Archives: marriage

Magistrate can vary an order under Section 125 Cr.PC: SC

The Supreme Court of India recently clarified that reviving of maintenance application of wife under Section 125 of Criminal Procedure Code (“Code”) is not hit by the embargo contained in Section 362 of the Code. “The use of expression ‘from … Continue reading

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Child born out of irregular marriage is entitled to claim share in father’s property: SC

The Supreme Court of India recently clarified that the marriage of a Hindu female with a Muslim male is not a regular or valid marriage, but merely an irregular marriage and any child born out of such marriage is entitled … Continue reading

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Foreign decree in matrimonial cases to be in accordance with law governing the parties: BHC

The Bombay High Court ruled that the decree of a foreign court in respect of matrimonial proceedings will be conclusive in India only when it is passed by a Court of competent jurisdiction and is in accordance with the law … Continue reading

Posted in Family Law, General Law, Immigration, india immigration law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Six months cooling off period u/s 13B(2) HMA directory: SC

In an important ruling, the Supreme Court of India held that the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 (the Act) for a motion for passing decree of divorce on the basis … Continue reading

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Expert Committee to look into issues faced by Indian nationals married to overseas nationals of Indian origin: Govt.

The Government of India has constituted an Expert Committee to look into the issues and difficulties faced by Indian nationals married to overseas nationals of Indian origin and suggest amendments in existing laws/policies/regulation. This is in light of a large … Continue reading

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Privacy Rights should be protected during litigation: DHC

Raising serious concerns over the disclosure of the most private and personal details by the parties during the matrimonial litigation and thus affecting the privacy rights, the Delhi High Court issued the below directions to the Family Courts in Delhi. … Continue reading

Posted in Civil Law, Constitution Law, Criminal Law, Evidence Law, Family Law, International Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Family Courts rebuked for laxity: SC

Rebuking family courts for granting adjournments liberally, the Supreme Court of India held that the maintenance to wife should be granted from the date of application for maintenance and not the date of order from the family court. Terming it … Continue reading

Posted in Criminal Law, Family Law, General Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment