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News

@barandbench
barandbench.com > news > litigation > wife-cannot-be-expected-to-follow-husband-like-pug-in-vodafone-ad-madras-high-court

Wife cannot be expected to follow husband like pug in Vodafone ad: Madras High Court

1+ hour, 48+ min ago   (609+ words) A wife cannot be expected to follow her husband wherever he goes like the pug (dog breed) in the Vodafone ad, the Madras High Court recently observed while dealing with a matrimonial dispute. Likewise, a husband cannot always take along…...

@barandbench
barandbench.com > news > litigation > children-from-marriage-no-reason-to-deny-divorce-to-spouse-madras-high-court

Children from marriage no reason to deny divorce to spouse: Madras High Court

2+ day, 17+ hour ago   (495+ words) Having children from a marriage cannot operate as a perpetual bar against a spouse seeking divorce from the marriage that has effectively ceased to function, the Madras High Court recent held. A Bench of Justices GR Swaminathan and MD Sumathi…...

@barandbench
barandbench.com > news > litigation > sex-between-spouses-after-separation-does-not-condone-matrimonial-cruelty-calcutta-high-court

Sex between spouses after separation does not condone matrimonial cruelty: Calcutta High Court

1+ week, 2+ day ago   (426+ words) A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya made the observation while upholding a decree of divorce granted to a husband on the ground of mental cruelty. The Court said, “Stray instances of sexual intercourse after separation cannot…...

@barandbench
barandbench.com > columns > marriage-lite-the-supreme-courts-patch-notes-for-live-in-relationships

Marriage Lite? The Supreme Court's patch notes for live-in relationships

1+ week, 4+ day ago   (1445+ words) There is something deeply ironic about the way Indian law has approached the live-in relationship. The arrangement was, at least in part, supposed to offer consenting adults an alternative to marriage. Instead, the law has spent the better part of…...

@barandbench
barandbench.com > news > litigation > right-to-marry-is-a-human-right-madras-hc-suggests-changes-to-hindu-marriage-act-to-avoid-obstacles-to-remarriage

Right to marry is a human right: Madras HC suggests changes to Hindu Marriage Act to avoid obstacles to remarriage

1+ week, 6+ day ago   (680+ words) The right to marry is a human right and restrictions on that right must be construed strictly, the Madras High Court said while suggesting that the Hindu Marriage Act be amended to prevent a pending appeal against divorce from indefinitely…...

@barandbench
barandbench.com > news > wifes-demand-to-stay-separately-from-husbands-family-without-reason-is-cruelty-kerala-high-court

Wife's demand to stay separately from husband's family without reason is cruelty: Kerala High Court

3+ week, 6+ day ago   (442+ words) The Kerala High Court recently held that a wife's demand for a separate residence away from the husband's family, without sufficient reason, would constitute marital cruelty entitling the husband to divorce. The ruling was delivered on July 29 by a bench…...

@barandbench
barandbench.com > news > litigation > supreme-court-to-grant-omar-abdullah-divorce-after-marriage-dispute-settled

Supreme Court to grant Omar Abdullah divorce after marriage dispute settled

1+ mon, 2+ day ago   (211+ words) The Supreme Court was informed on Friday that Jammu and Kashmir Chief Minister Omar Abdullah has resolved his divorce dispute with his estranged wife, Payal Abdullah, through mediation. A Bench of Justice PS Narasimha and Justice Alok Aradhe disposed of…...

@barandbench
barandbench.com > news > litigation > hindu-marriage-is-not-a-contract-husband-cant-seek-divorce-saying-he-has-lost-interest-in-wife-karnataka-hc

Hindu marriage is not a contract; husband can't seek divorce saying he has lost interest in wife: Karnataka HC

1+ mon, 1+ week ago   (558+ words) A person cannot walk away from a marriage and seek divorce merely on the ground that he has lost interest in his spouse, the Karnataka High Court recently held. A Division Bench of Justices DK Singh and TM Nadaf underscored…...

@barandbench
barandbench.com > columns > consent-beyond-the-altar-rethinking-consummation-coercion-and-the-limits-of-annulment-under-the-hindu-marriage-act

Consent beyond the altar: Rethinking consummation, coercion and annulment under the Hindu Marriage Act

2+ mon, 2+ week ago   (371+ words) Does saying “I do” erase a spouse’s right to refuse sex? Marriage in India is traditionally seen as a sacred union founded on mutual consent. Yet, this consent is largely treated as a one-time transaction at the altar, without examination…...

@barandbench
barandbench.com > news > litigation > wife-filing-police-complaint-against-husband-not-marital-cruelty-unless-proven-false-madras-high-court

Wife filing police complaint against husband not marital cruelty unless proven false: Madras High Court

2+ mon, 2+ week ago   (481+ words) The Madras High Court recently held that a wife's act of filing a police complaint against her husband and in-laws does not amount to mental cruelty unless it is proven that the complaint is false. Justice P Vadamalai of the…...