News
Constitutional Courts Can Invoke Doctrine Of Frustration To Dissolve Marriages Under Special Marriage Act Where Performance Becomes Impossible: Patna High Court
5+ hour, 48+ min ago (747+ words) The Patna High Court has held that in exceptional circumstances where subsequent events render the performance of essential marital obligations impossible, the doctrine of frustration, though rooted in contract law, may be invoked in matrimonial jurisprudence by Constitutional Courts to…...
Divorce Takes Effect From Date On Which Talaq Is Pronounced; Subsequent Decree Merely Declaratory In Nature: Allhabad High Court
5+ day, 7+ hour ago (260+ words) Justice Madan Pal Singh, Allahabad High Court" While dealing with a matrimonial matter relating to maintenance, the Allahabad High Court has held that under Mohammedan Law, when a husband pronounces talaq, the divorce takes effect from the date on which…...
Strict Proof Of Solemnization Of First Marriage Mandatory For Bigamy Prosecution; Contractual Marriage Is Nullity Under Hindu Law: Calcutta High Court
4+ week, 5+ hour ago (341+ words) While discharging a man booked in case registered under Sections 494 and 498A of the IPC, the Calcutta High Court has held that a contractual marriage on stamp paper is a legal nullity under Hindu Law. The High Court further held that…...
Fraudulent Marriage to Evade Criminal Liability Vitiates Consent: Delhi High Court Upholds Rape and Bigamy Convictions
1+ mon, 2+ week ago (368+ words) For the purpose of offences under Sections 494, 495 and 496 IPC, what is material is the fact that the accused went through a marriage ceremony and held it out as a valid marriage to deceive the victim. The prosecution evidence, particularly that…...
Right To Reside In Shared Matrimonial Household Does Not Bar Lawful Alienation Or Eviction In Accordance With Due Process: Punjab & Haryana High Court
2+ mon, 1+ week ago (762+ words) The Court was hearing a batch of regular second appeals arising from two civil suits relating to permanent and mandatory injunctions concerning a residential property, in which claims were raised on the basis of the Protection of Women from Domestic…...
S. 498A IPC Not A Panacea For All Matrimonial Ills; It Is Meant To Address Grave Cruelty: Karnataka High Court
2+ mon, 3+ week ago (458+ words) Justice M. Nagaprasanna, Karnataka High Court The Karnataka High Court has remarked that Section 498A of the Indian Penal Code, 1860 (IPC) is not a panacea for all matrimonial ills, it is meant to address grave cruelty. The Court was hearing a Criminal…...