This post deals with Permanent Alimony under Section 25, HMA 1955. More info on 99888-17966. Judgement Digest: Sukhbir Kaur v. Sukhdev Singh Case Briefing: Present is a petition filed by the petitioner/ appellant against decree dated 04.09.15 under Section 11 of Hindu Marriage Act, 1995 (‘Act’ for short) and submitted that the appellant is entitled … Read more
Here in this post, we bring judgment digest from the most recent judgment of Allahabad High Court where the appeal was made for Dissolution of Marriage dismissed by Family Court and now petitioner has preferred FAO (First Appeal against Order) under Section 19 of the Family Courts Act seeking declaration that his marriage with respondent … Read more
This post covers Null and Void Marriage and why it is important to prove a valid marriage exists by performing the essential ceremonies. Declaring Marriage Null & Void Through Courts in India TITLE: BALWINDAR KAUR vs. GURUMUKH SINGH CASE Appeal was filed by the appellant to challenge the order passed by the lower court that … Read more
In this post we will discuss about the judgment of Allahabad High Court wherein it disposed off the petition on the ground that the High Court has no jurisdiction to appreciate the evidence of proceedings under section 482 Cr.P.C. because whether there are contradiction or in consistence in the statement of the witnesses is essentially … Read more
In this post we will discuss about the procedure and documents that are required for registration of marriage in Chandigarh. Also Read- Official Website of Chandigarh Administration Visit the Website->Create Account/Register on the website with account ID and password Fill the form available Bride Details +Photo Groom Details+Photo Witness Details+Photo Download the form from website … Read more
In this post we will discuss about a petition by mother to hand over the custody of her daughter to the petitioner and to provide adequate security to the petitioner and her minor daughter. Custody of Child Case The following article addresses a petition filed by Mandeep Kaur (petitioner) against the State of Punjab and … Read more
In this post we will discuss about the concept of shared household which states that every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title, or beneficial interest in the same. Shared Household in Domestic Violence Act A shared household as … Read more
In this post we will discuss about the decision of the high court of Punjab and Haryana in which the Hon’ble high court made it clear that Panchayati divorce has no legal sanction in the eyes of law and the marriage cannot be considered to be dissolved on the basis of such divorce. PANCHAYATI DIVORCE … Read more
In this post we will discuss about a Complainant by Sukhwinder Kaur against her matrimonial relatives , under section 498-A, 406, 506 IPC and under section 34 of Dowry Prevention Act and later appealed for the quashing of the FIR registered against the accused Darbara Singh V. State of Punjab Introduction In India, there are … Read more
Divorce petition in Unhappy Marriages. Summary In this post we will discuss about an appeal before the Family Court, Ernakulam, to seek a decree of divorce to dissolve his marriage with the respondent, under section 13(1)(ia) of the Hindu Marriage Act, 1955. Binu Raj G vs Sandhya Lakshmi R on 18 May 2020 Appellant Binu … Read more
In this post we will discuss about the grounds for transfer of matrimonial disputes to the court of competent jurisdiction at Punjab Haryana High Court at Chandigarh. Shashi Bala vs Sanjeev Kumar 21 April, 2015 T.A. No. 612 of 2012 THE HIGH COURT OF PUNJAB AND HARYANATransfer Application No. 612 of 2012 (O&M)Date of decision: … Read more
In this post we will discuss the obligation of state to protect unmarried couples. State Bound to protect Unmarried Couples: PHHC Judgment Digest: Amandeep Kaur And Another vs State Of Punjab And Others This report looks into a recent writ judgment of the Punjab and Haryana High Court, which looks into the matter of right … Read more
In this post we discuss about quashing of FIR when both the parties compromise in matrimonial disputes under the inherent powers of the court mentioned in Section 482 Criminal Procedure Code, 1973 between couple involving Husband & wife. INTRODUCTION:-Compromise quashing is filed in case of Non-Bailable Offence and non-compoundable Offences (S. 320 Cr.P.C.) or Offences under the … Read more
The misuse of Section 498A as a weapon rather than a shield by the well educated wives/ daughter-in-laws/ sister-in-laws in this modern, striving for equality society is becoming a common issue these days. The present case deals with one of them. Here in this case the discharge application was dismissed by trial court and later … Read more
Hindu Marriage Act, 1955 governs matrimonial disputes like divorce amongst the Hindu couples in India. As today, marriages don’t come with guarantees like in past of next seven births, it can be dissolved legally by filing a petition before Family Court and getting a court decree. Making an affidavit for the same purpose will not … Read more
Here in this post, we will analyze five most recent judgments on the topic of Divorce so that you can have knowledge on the subject and take conscious decisions regarding your future of marriage. Divorce is definitely not a pleasant decision in life but if it becomes the only solution to have mental peace then … Read more
Marriage in Hindu ideology is the basis of social life of men within family. It is the basis of all social organization and is fundamental of all legal rights and obligations. In Hindu law it is more like a sacrament than a contract, unlike in the case of Muslim marriages. The wedlock joins two lives … Read more
FIR, First Information Report is a document which is written and prepared by police, immediately after receive information about a cognizable offence. It is very important because this is the first step in process of criminal justice. After the FIR is filed then only the police can start the investigation and filed by the victim … Read more
Divorce means dissolution of marriage. The term ‘Divorce’ comes from the Latin word ‘divortium’ which means ‘to turn aside’, ‘to separate’. Under Old Hindu Marriage this word was forbidden and not considered the concept of divorce in any manner because at that period, Hindu Marriage taken as a sacrament in nature and it is a … Read more
Whether a false promise to marry comes within the ambit of Section 375 of IPC? The rape is an offence, the existence of which solely depends upon the consent of the victim. In light of consent, rape can be broadly classified into three categories. First category is where rape is done by force or where … Read more
All the crime related to women in matrimonial disputed are first forwarded to women cell in Chandigarh, Panchkula & Mohali, where counsellor first checks the veracity of the complaint and extent to which relation is broken. Usually the welfare officer appointed takes stock of the situation i.e. how worse it is and can the couple … Read more
God forbid if one has to take Divorce but if this is the only option, and then one must opt for it to move on with life. Today, like all goods, Marriage also comes with Expiry and if Relationship is not working, then Divorce follows: For Hindu’s, the Divorce procedure is governed by Hindu Marriage … Read more
What is Maintenance? Maintenance is a legal order in which court orders one capable spouse to maintain the other. It can be interim, permanent, or alimony. It can be ordered to give in lump sum or on monthly basis. It will be decided according to the earning capacity of the spouse. Court order maintenance up … Read more
“What we seek is the reign of law, based upon the consent of the governed and sustained by the organised opinion of mankind.” The notion of consent in the law of marriage has two completely different aspects. The first is the consent, external and objective, required of parents or other third parties: the second is … Read more
Marriage is a union of one man with one woman to the exclusion of all others. In India, the personal laws of the religion followed by the parties to the marriage lay down the rules regarding their marriage. Also Read- MATRIMONIAL ISSUES The State has made laws to regulate the social institution of the marriage over the years … Read more
Mutual Divorce was introduced in the amendment of 1976 in the Hindu Marriage Act. This term basically refers to when both the husband and wife are in agreement that they cannot reside together and would like a divorce. Henceforth, the can go to the court and file for a mutual divorce without making any allegations … Read more
Dividing assets in a divorce can be a difficult task however the most difficult part in a divorce for a married couple with a child is for fighting for custody of that child. Child custody is a sensitive matter as it’s not just about the availabilities for the child while growing up but also about … Read more
The fear of false 498A cases is back as the larger bench has refused to refer matter to Family Welfare Committee and this gives discretion back to police to make immediate arrests. Means , you can be arrested any time. When I say any time, right after the registration of FIR unless police gives notice … Read more
Sending Legal Notices have become so common today that we see a trend today of sending Legal Notices before pursuing court cases be it Civil or Criminal or especially in rising number of matrimonial cases happening today. Out of all the cases, Matrimonial cases tops the chart when it comes to fresh cases being … Read more
Abandoned wife Multiple cases of non-resident Indian (NRI) husbands abandoning their Indian wives have come to the fore and taking cognizance of this fact, the government is preparing stringent rules to punish such offenders. The external affairs ministry recently came up with the data that one woman calls home seeking help to return after desertion … Read more
Dowry as a practice is prevailing in society from the times immemorial. Dowry needs to be understood clearly and in right way. Dowry if taken in right sense it means the gifts given by the family to the bride for the future uses or to any other uses as well those gifts can be used … Read more
Thinking about marriage, registration of a marriage and then applying for visa or thinking of going abroad, this post might just help you. My biggest challenge when I deal with clients enquiring about marriage registration, court marriage or love marriage protection matters from High Court Punjab and Haryana in Chandigarh Panchkula Mohali Zirakpur Derabassi is … Read more
There are many ways of doing any activity, whether be it constructive or destructive. Some persons use a different kind of tactics to attain the end result. They encourage another person to do an act in the same way as they want. Sometimes they hire such person to commit a crime as in case of … Read more
Renu (name-changed) aged 26 years recently got married in December 2017 to an engineer by profession only to discover later that he was not an engineer and running business of spare parts and goods. Still Renu opted to keep mum on this but later when she discovered another aspect that her sister in law is … Read more
Superb news for newlyweds. Now you can get marriage registration certificate on a same day when applied online through DC office i.e. Deputy Commissioner. All thanks to the administration of city beautiful and under the aegis of its administrator. Chandigarh truly deserves the tag of smart city now. It’s been real long since the marriage … Read more
Marital Rape is still not recognised in India despite of increasing pressure from women rights activist. For now Delhi High Court has a pain reliever for them. Recently, a Delhi High Court held Marriage can’t be held a contract for legal sexual pleasure. The HC came down heavily on the husband who has filed petition … Read more
Registration of a marriage has been made mandatory by State Governments. Getting marriage registered is as important as picking a place for honeymoon. So be it Zirakpur. Being myself resident of this place, which is becoming quickly a place of prominence (CCC awaited) and illustrious VIP road, I believe residents should be aware of the Marriage … Read more
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