I read with interest the news item reported in DNA Mumbai, esp. the headline which is so deceptive. The headline says – Short marriage, small alimony http://www.dnaindia.com/mumbai/report_short-marriage-small-alimony_1336414 Well, here is my take on this deceptive, putting wool over the eyes of public kind of news headline. The news says: A wife of two and a half months wanted her separated husband to bear the expenses of her higher education in the US. The Bombay high court said no. The court refused to enhance the interim maintenance for the woman, a Pune-based dentist. So far so good… we are on track, …[Continue Reading]
Only SC can waive 6 months off mutual divorce, and grant irretrievable breakdown divorce
This supreme court judgment of Sep 2009 is important on 2 counts: 1. It lays down the condition that only Supreme Court can grant divorce under Sec 142 of constitution on grounds of irretrievable breakdown of marriage. The High courts and lower courts do not have this power. 2. Only the Supreme Court can, in exercise of its extraordinary powers under Article 142 of the Constitution, convert a proceeding under Section 13 of the Hindu Marriage Act, 1955, into one under Section 13-B and pass a decree for mutual divorce, without waiting for the statutory period of six months, none …[Continue Reading]
Threat of suicide can be ground for divorce under mental cruelty
http://timesofindia.indiatimes.com/india/Suicide-threats-amount-to-cruelty-can-be-a-divorce-ground-HC/articleshow/5404502.cmsMUMBAI: Repeated attempts to commit suicide as well the threats to commit suicide could amount to “cruelty”, and it can very well be a ground for seeking divorce, the Bombay High Court has held. The family court in Pune granted divorce to Varsha and Prakash (both names changed) on the application made by Prakash in 2002, against which Varsha had filed appeal. Both had been living separately for the last seventeen years. Prakash’s application for divorce was on the ground that his wife was temperamental, she frequently fought with him, and threatened to commit suicide. In her statement before the …[Continue Reading]
Thrown out spouse can get divorce based on desertion under Hindu marriage act
Below Mumbai HC judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as defined under Hindu marriage act (HMA) 1955. What constructive desertion in this case means is that if one spouse throws the other out of house, then the other spouse can get divorce on grounds of desertion by first spouse. Now, even though on the face of it, it seems as if second spouse was the one who has deserted the first. Easy to understand? This one is suited for legal minds! Below …[Continue Reading]
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