Judgments

In a recent judgment, the Delhi High Court addressed the application for waiving the statutory six-month cooling-off period in mutual divorce cases. The case, filed as MAT.APP.(F.C.) 352/2023, involved an appeal against the order of the Principal Judge, Family Courts, Central District, Tis Hazari Courts, Delhi. Background: The appellant, represented by counsel Mr. Murari Tiwari, […]

Introduction In a significant ruling on May 7th, 2019, the Delhi High Court set a precedent by waiving the statutory waiting period of six months for mutual divorce under Section 13B(2) of the Hindu Marriage Act, 1955. The case involved a petitioner seeking the dissolution of marriage by mutual consent, and the court’s decision opens the

Introduction In a recent judgment, the High Court of Kerala brought to light the matter of ‘Waive Off Cooling Period in Mutual Divorce’ under under Section 10A of the Divorce Act, 1869, was brought to light. The case involved a husband, Mr. Tomy Joseph, and his wife, Mrs. Smitha Tomy, both Christians, who had jointly

Table of Contents 1. Introduction 2. Understanding the Constitutional Challenge 3. Section 10A of Indian Divorce Act, in light of Article 14 and Article 21 4. Court’s Remedial Action 5. Conclusion Introduction In a significant case, W.P.(C) No. 20076 of 2009, the constitutional validity of Section 10A of Indian Divorce Act was called into question.

Discover the significance of Section 14 of the Hindu Marriage Act and its exceptions for ‘exceptional hardship’ and ‘exceptional depravity’ as ruled by the Hon’ble Delhi High Court in MAT.APP. (F.C.) 110/2021 (RISHU AGGARWAL vs MOHIT GOYAL). Explore the interpretations, implications, and the role of the one-year separation period in divorce proceedings.  Table of Contents

Introduction In a significant Delhi High Court judgment, a waiver of the stipulated period for mutual divorce was granted. The judgment in MAT.APP.(F.C.)-74/2023 was delivered on 29th March 2023 by Hon’ble Mr. Justice Sanjeev Sachdeva and Hon’ble Mr. Justice Vikas Mahajan. The case involved an appeal filed by both the husband, Sunil Kumar Mourya, and

Read about the recent High Court judgment in the case of Shivani Yadav vs. Amit Yadav, where the Court allowed mutual divorce before one year of marriage. Discover the exceptional circumstances considered by the Court and the significance of this decision in promoting a more flexible approach to divorce proceedings. Introduction In a recent judgment,

Discover a recent Delhi High Court judgment allowing the husband to record his statement online in a divorce case filed by mutual consent. Understand the court’s decision and its significance for cases where the spouses reside in different cities. Introduction In a significant judgment by the Delhi High Court, the appellant, Mukesh More, was granted

Introduction In a significant ruling, the Hon’ble Supreme Court of India delivered a judgment in the case of Sureshta Devi vs. Om Prakash on February 7, 1991. This landmark judgment provided crucial insights into divorce by mutual consent under the Hindu Marriage Act, 1955. In this blog post, we will delve into the key aspects

Introduction In a significant decision, the Hon’ble Supreme Court of India addressed crucial questions concerning mutual divorce in its judgment on TRANSFER PETITION (CIVIL) NO. 1118 OF 2014. This article delves into the court’s answers to three essential questions related to the scope of power and jurisdiction under Article 142(1) of the Constitution of India,