Facts: The parties got married on 30-3-1997. Thereafter, on 28-7-1998, both of them were separated and have been living separately since then. During the subsistence of the marriage,...

Divorce, once a taboo subject in Indian society, has become a significant aspect of the legal landscape in recent years. The evolving socio- cultural dynamics, coupled with judicial activism, h...

Triple talaq, also known as talaq-e-biddat, has been one of the most controversial and debated aspects of Muslim personal law in India. This research paper explores the origin, practice, and im...

The Waqf (Amendment) Bill 2025, one of the most consequential legislative reforms in recent years concerning religious endowments, has now officially become law. Tabled by the Union Minister of...

WAQF's organization (charitable settlement under the Islamic law) plays an important role in the socio-economic fabric of the Muslim community of India. The WAQF Act, which provides a legal fra...

Waqf is a concept of Muslim law. It is a charity system of Muslims. It is a religious charitable purpose donate in the name of God. It has a very long history that is extremely complex and infl...

According to the survey, over 80% of millennials (aged 18-35) support live-in relationships over marriage, citing societal progress and evolving perspectives that challenge traditional norms...

Introduction to Waqf and Waqf BoardsBefore we try to understand the 2025 waqf amendment act and key changes brought about by this act, we need to understand the basic concept of waqf and waqf b...

Unlike the ordinary proceedings where the matter is between two parties who are not related to each other, family disputes require special assistance and sensitive approach from the court as no...

The Uniform Civil Code (UCC) proposes a common set of laws governing personal matters like marriage, divorce, inheritance, and adoption�irrespective of religion, caste, or community. While crim...

The Uniform Civil Code (UCC) is a comprehensive set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all Indian citizens, irrespective of their religi...

Understanding the Waqf (Amendment) Act, 2025: What It Means and Why It Matters In April 2025, the Indian government introduced significant changes to ...

After hours of debate, India Parliament finally passed the Waqf Bill 2025 with approval from both Lok Sabha and Rajya Sabha, symbolising an end of injustice and corruption and providing justice...

Leveraging digital platforms and information technology, Online Dispute Resolution (ODR) presents a novel approach to resolving conflicts. This method is gaining recognition as a key instrument...

Looking to file a mutual consent divorce in Tis Hazari Family Court? Get expert guidance on the legal process, required documents, and timelines for a hassle-free experience. This guide explores t...

What is Mutual Consent Divorce? Divorce is the legal dissolution of a marriage by a court or other competent body. The institution of marriage plays an important role in society despite th...

Facts of the Case N. Usha Rani married Nomula Srinivas on 30 August 1999 in Hyderabad and on 15 August 2000 they gave birth to Sai Ganesh. After returning from the United States in February...

Sarla Mudgal V. Union Of India (1995): There are several instances where people convert their religion to take advantage of one religion over the other. Sarla Mudgal v. Union of India is one o...

UCC is a needed but delayed legislation No doubt India needs a Uniform Civil Code (UCC). It is a constitutional mandate. Therefore, nobody can oppose it. What one can oppose is its conten...

The term 'domestic violence' is often associated with women in Indian society. However, this is a problem that affects not just women, but also men, who are often ignored by society. Domestic v...

In a watershed moment for Indian employment law, the Supreme Court of India delivered a transformative judgment in Deepika Singh v. Central Administrative Tribunal, Civil Appeal No. 5308 o...

India, a country with a vast array of religious and cultural traditions, is governed by both civil and criminal laws. Marriage, divorce, inheritance, and adoption are all governed by personal l...

In Arun Rameshchand Arya vs. Parul Singh, the Supreme Court of India rendered a historic decision exempting a wife from paying stamp duty on the apartment she received as a gift in a divorce di...

The grounds of divorce mentioned as under Section 13 of The Hindu Marriage Act establishes numeral grounds on which a person can approach the courts for filing a divorce under which the term "D...

In today's legal landscape, Alternative Dispute Resolution (ADR) is crucial for efficient and amicable conflict resolution. Islamic law has long embraced ADR, deeply embedding principles of jus...

Inter-country adoption is a process by which individuals or couples adopt a child from another country which is other than their own. In that way, they offer a new home to the child and provide...

Introduction: The Legal Anomaly in Modern IndiaImagine the strange situation where you are forced to live together with someone who completely has broken your trust, who you no longer like, and d...

This research paper delves into the evolution of Hindu marriage laws, tracing their journey from traditional norms to modern legal reforms. Hindu marriage laws have undergone significant change...

In India, the Uniform Civil Code (UCC) has generated debate, especially in relation to how it affects the Muslim population. The UCC seeks to establish a common set of rules governing marriage,...

Alimony in Indian Marriages: Overview, Legal Framework, Emerging Trends, and Addressing Abuse: In recent times, the subject of alimony has gained substantial attention in the context of Indian ...

The institution of marriage is considered sacred in India, but when it breaks down, the legal system steps in to ensure fairness and justice for both parties. One of the most contentious issues...

From pristine time the dowry death or cruelty or harassment against women (daughter in laws) have addressed us with the inequality of the society, which led us to an unimaginable backlash. The ...

In the society of India during the proceeding of divorce or judicial separation or facing the restitution of conjugal rights or the settlement of any claims, or alimony or demands of maintenanc...

Section 498A of the Indian Penal Code (IPC) was introduced in 1983 with the noble intent of protecting married women from cruelty at the hands of their husbands or in-laws. Over time, however, ...

What is Interim Maintenance and Permanent Alimony? Interim Maintenance (Maintenance Pendente Lite) and Litigation Expenses: Under the Hindu Marriage Act (HMA), s...

Child custody is a very important issue in India and is also very sensitive since it has got to do with the child brought up after the parents has separated or divorced. It focuses on the best ...

It is widely acknowledged in Indian society that the concept of maintenance relates more to a woman's social upholding, even though a husband may assert a number of rights that would be communi...

Pan-Islamism, an ideology that seeks the political, social, and cultural unity of Muslims across national boundaries, operates at the intersection of religious doctrines and political strategie...

Hindu law is the most ancient law in the world. We believed that a person who believes in Hindu religion and follows rituals and customs of Hinduism is a person who belongs to the Hindu religio...

Once upon a time, before the advent of British rule in India, the word 'Hindu' hardly had any creedal significance. It was mostly used to refer to people living on the other side of the Indus R...

What is Uniform Civil Code (UCC)? In layman's term, we can understand by the UCC that - there are set of laws that will replace the laws or acts that govern over marriage, divorce, inheritance, ...

The legal status of nuptial agreements, particularly pre-nuptial (before marriage) and post-nuptial (after marriage) contracts has evolved substantially in several jurisdictions. While countrie...

As per Hindu laws, marriage is a commitment between a male and a female to live together in all the situations and challenges coming in life, moreover, they promise to jointly pursue the basic ...

Women in our Society have been subjected to various forms of abuse, from domestic abuse to harassment at work place. Among all abuses, sexual abuse against women remains intensely debated. It i...

There are several misconceptions about the court marriage procedure in society, one of which being that only couples who want to get married outside of their caste or religion would apply for a...

The debate over the constitutionality of Restitution of Conjugal Rights (RCR) highlights the State's intervention into the "private sphere" of family and marriage. The State defends t...

The institution of marriage (Nikah) in Islam holds profound religious and spiritual significance, going beyond the mere contractual framework often seen in other legal systems. While Islamic ma...

When a woman is ravished, what is inflicted is not merely physical injury, but the deepest sense of some deathless shame. Rape is one of the most grievous and one of the worst crimes in today's...

Dowry Laws in India: Are They Truly Protecting Women? A critical look at the effectiveness of dowry laws in safeguarding women and addressing dowry-related violence in modern India. In India,...

Court marriages, which are frequently thought of as official or legal unions, are growing in popularity due to their simplicity, affordability, and legality. In India, court marriage is permitt...

In today's world, it has become scarier to continue to support women's rights. The blatant ignorance in regards to women still not being safe or lack of equality and existing patriarchal norms ...

Violence Against Women in India is basically physical or sexual violence committed against women. Who have been an integral part of India's culture and society since ancient times. However, the...

Divorce is a complex social phenomenon with profound legal, emotional, and psychological implications. As societal norms evolve, the perception and prevalence of divorce have undergone signific...

Divorce is a legal process that allows a couple to legally end their marriage when they cannot continue living together. In India, divorce laws are governed by religious and civil codes, reflec...

After only one month of marriage, a woman reportedly asked her husband for Rs 40 lakhs in alimony. A case like this brings to light various new aspects of the ethical, legal, and societal conce...

Dowy death refers to the death of a woman caused by her husband or in-laws due to their demand for dowry. This can include physical or emotional abuse, harassment, or even murder. IPC (India...

Marriage:It seems to be now well established that the institution of marriage did not exist among the primitive men. At that time man lived like any other animal. He was so engaged in the satis...

The concept of maintenance has deep roots in Indian society, originating from ancient times when it was viewed as a moral obligation for men to support their families. In Hindu law, the notion ...

Nullity of Marriage and Divorce Sec. 12 - Consent to Marriage Obtained by Force or Fraud [Section 12(1)(c)] According to this clause, the marriage is voidable on the ground th...

Hindu Law of Marriage and Divorce Restitution of conjugal rights would be refused if the husband is guilty of mental cruelty. It is not necessary for there to be physical assault, violence, or t...

In ancient Hindu society, marriage was a sacred, lifelong union with no concept of divorce. However, societal changes necessitated legal reforms. The Sociological School emphasizes that law mus...

The wife is entitled to receive maintenance from her daughter if the daughter is employed. Therefore, to secure additional financial support for her livelihood, the wife is entitled t...

Family law, in India is a diverse field that governs the intricacies of relationships within families. It covers a range of issues, including marriage, divorce, child custody and inheritance. ...

In India, marriage is both a sacrament and a contract; it is based on an offer and acceptance. At the same time, it is a sacrament because of its religious ties. Divorce is the dissolution of a...

Conjugal rights refer to the right to stay together as a married couple. According to Section 9 of the Hindu Marriage Act (1955), it's unlawful for either spouse to exclude the other from socia...

Aisha Shifa vs. State of Karnataka or the Hijab Ban Case. In this case, the Supreme Court of India examined the constitutionality of a government order which prohibited female Muslim students f...

Hindu Minority and Guardianship Act, 1956Under the Guardians and Wards Act , the court has the authority to make orders regarding custody, access, education, and maintenance of a minor. Such orde...

Hindu Minority and Guardianship Act, 1956The powers of the Karta , as well as those of the guardian, are said to be based on the following four verses of the Mitakshara . Vijnaneshwara lays down ...

How to File for Mutual Divorce in Saket Family Court: A Simple Guide If you and your spouse have decided to end your marriage amicably, you can file for a mutual divorce in...

Navigating child custody and visitation rights can be challenging for parents, especially during and after a separation or divorce. Both custody and visitation rights are legal determinations t...

Under various personal laws and statutory provisions in India, a wife can claim maintenance from her husband based on specific grounds. Maintenance is intended to ensure that a wife is provided...

Divorce and judicial separation are legal remedies available to married couples who wish to live apart due to irreconcilable differences. Both concepts are important in family law as they offer...

In Pooja Mehta & Ors. V. Government of NCT of Delhi & Ors. [WP(C) 4643/2021], the Delhi High Court confronted the complex interplay between a woman's right to reside in a shared househo...

Multiple Orders The order passed by the learned Magistrate regarding maintenance under Section 125 of the Criminal Procedure Code shall be kept in abeyance as long as the wife receives alimony...

Wife from Void Marriage:It is undoubtedly true that the Maintenance Act is a beneficial piece of legislation conferring additional rights on women and children. However, it cannot be interprete...

Child custody decisions in cases of marital discord are among the most sensitive issues in family law, given their long-term impact on a child's development and well-being. Indian courts follow...

Yes, after a legal separation, a couple generally needs to proceed with divorce if they wish to legally terminate their marriage. Here's a breakdown of the distinctions and processes involved: ...

This article examines the landmark case of Sarla Mudgal v. Union of India (1995) 3 SCC 635, a pivotal Supreme Court judgment that underscored the necessity of implementing a Uniform Civil Code ...

Extramarital affairs are recognized as a substantial ground for divorce in many legal systems, as they fundamentally breach the trust and fidelity central to marital relationships. In cases whe...

In cases where extramarital affairs are used as grounds for divorce, proving infidelity involves specific standards and forms of evidence. Here's a comprehensive look at how courts typically ha...

Filing for a divorce in an arranged marriage generally follows similar legal procedures as any other divorce, but the specific steps may vary based on the jurisdiction (country or state) you ar...

Divorce can be financially complex, especially when it comes to asset division. Here are specific steps to help protect your assets during a divorce: Organize Financial Documentation ...

In this article, the trends, benefits and legal considerations of opting an uncontested or mutual divorce are discussed. According to the Hindu Marriage Act, 1955, An uncontested divorce, commo...

If your spouse has filed a claim for maintenance, there are several legal strategies you can use to challenge the demand. Successfully opposing a maintenance claim requires a clear understandin...

In India, divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, typically includes a mandatory six-month waiting period after the filing of the first motion. This cooling...

In Indian law, the right of a wife to claim maintenance from her husband is governed by various statutes, including Section 125 of the Code of Criminal Procedure (CrPC) or Section 144 of BNSS, ...

Sarla Mudgal, President, Kalyani and Ors. Appellant Versus Union of India (UOI) and Ors. Respondent This case involves four petitions filed under Article 32 of the Indian Constitution. In Writ...

The doctrine of factum valet is a well-established legal principle in Indian law, rooted in both ancient Hindu legal traditions and modern jurisprudence. Derived from Latin, factum valet means ...

The Directive Principles of State Policy are outlined in India's Constitution, Part IV. Article 44 of the Constitution enshrines one of these Directive Principles, which states that the State s...

Guardianship laws play a pivotal role in ensuring the welfare and development of minors. In India, guardianship is influenced by diverse personal laws, particularly Hindu and Muslim laws, which...

Background: Alimony and maintenance are pivotal aspects of family law, especially in the context of marital breakdowns. Alimony refers to the financial support one spouse is required to...

Marriage dissolution can take two primary forms in India: annulment and divorce. While both end a marriage, they operate on different legal principles. Annulment treats the marriage as though i...

In mutual consent divorce proceedings under Section 13B of the Hindu Marriage Act, 1955, a statutory period of six months is prescribed between the filing of the first and second motions. The p...

In India, cruelty as a ground for divorce is recognized under Section 13(1)(ia) of the Hindu Marriage Act, 1955. It states that a spouse can seek divorce if they have been subjected to cruelty ...

Shabnam Hashmi v/s Union Of India & OrsThe present case Shabnam Hashmi v Union of India & Ors deals with right to adopt a child as a fundamental right under PART III of the Indian Constit...

The case of Mohammed Ahmed Khan vs. Shah Bano Begum is a landmark judgment in Muslim law that revolves around the issue of triple talaq. Triple talaq is a form of divorce practiced in certain I...

The Dissolution of Muslim Marriage Act, 1939 (hereinafter referred to as "the Act") represents a pivotal moment in the legal recognition of Muslim women's rights to initiate divorce proceedings...

Iddat is a critical concept in Islamic jurisprudence, representing the waiting period a Muslim woman must observe following divorce or the death of her husband. This article delves into the int...

The institution of mahr, also known as dower, occupies a significant position in Islamic jurisprudence and matrimonial law. A critical facet of mahr is the bifurcation into prompt and deferred ...

The ruling in Shamim Ara v. State of Uttar Pradesh, (2002) 7 SCC 518, was a watershed moment in the jurisprudence surrounding Islamic divorce laws in India, specifically addressing the unilater...