News about this Supreme Court judgment have started appearing in many newspapers with the headlines which like “forcing husband to separate from his parents” or “forcing Hindu son to separate from parents” amounts to cruelty, and so on. As it happens, news headlines may a time don’t reflect the full picture of logic inside a judgment, and sometimes news reports may even highlight a secondary part of the judgment as the main reason when in fact the judgment was based mainly on other factors. This site contains very few judgments on topic of divorce, and the reasons are explained in …[Continue Reading]
Lack of legal wedding no bar for ‘live-in’ woman to claim property rights after ‘husband’s’ death
Supreme court has judged a woman cohabiting with a man for a long duration and living with him in the nature of wife is entitled to property rights after his death, like a wife would be. A bench of Justice MY Eqbal and Justice Amitava Roy said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married. “It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a …[Continue Reading]
How to handle situation when wife files RCR or wants to come back?
Question: Guys how to handle situation when wife files an RCR ? To rejoin or not to rejoin, that is the question Yesterday in family court I saw a ‘play’ being enacted, husband and his lawyer on one side, and on the other side was the wife talking by herself. The wife was saying that she wants to come back — the word being used was ‘rejoin’. The judge was trying to impress upon husband the necessity to explore all the possibilities including rejoining. Rejoin sounds like a very nice word, but if someone’s coming back can lead to rejoining …[Continue Reading]
Why Indian men should be very careful in filing divorce
To understand some of the terminology and context used in this post, reading some of the important posts is a must. Now this post will cover the majority of cases of calls and issues received by men’s rights activists (MRAs) all over India. Almost 80-90% of callers have been into very short marriages, anywhere from 1 year to 3 years where the time wife was in same home as husband maybe anywhere from few weeks, few months, or maximum maybe 1.5 years or so. So even if the marriage happened 3 years back, the time wife stayed with husband maybe …[Continue Reading]
How to assess your false case and marriage breakup probability
Friends: do you feel you have been through following situations or likely to go through them in near future? 1. Your wife has left the house without any reason or communication, and now her parents or someone else is doing whisper campaign against you? 2. You have tried to call your wife back many times trying to reason with her, her parents; but they always suggest that you follow some conditions, rather than even discuss what’s the real issue. Worry not, for now we present after years of studying these situations the highly (un)definite guide to assessing your false cases …[Continue Reading]
Warnings for foreigners marrying Indian women
Just a decade or so earlier, it used to be commonly mentioned in anecdotes about some foreigners preferring to marry Indian women since they are supposedly family-oriented and submissive, meaning they may not file for divorce or force husband to go through other trauma western women are becoming famous for. Well, times change. If anyone has been following the news here are some stories in India of women taking foreign origin husbands to the cleaners and to the courts. Famous Pakistani singer Adnan Sami who usually resides in Mumbai, India has been embroiled in Domestic Violence (DV) cases filed by …[Continue Reading]
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