Category : Family & Matrimonial Law
Triple Talaq and Gender Justice: A Critical Analysis of the Muslim Women (Protection of Rights on Marriage) Act, 2019
Marriage under any system of law entails an implied commitment — that its termination, in case it cannot be avoided, will take place with fairness and formality. The use of instantaneous triple talaq in Muslim family law, where the husband was allowed to dissolve the marriage irretrievably merely by pronouncing “talaq” thrice in a single breath, was a promise...
Interim Maintenance For a Wife Pendente Lite
Prolonged matrimonial litigation often creates severe financial distress for the economically dependent spouse. Interim maintenance, or maintenance pendente lite, serves as a crucial legal mechanism providing temporary financial support during divorce proceedings. Section 24 of the Hindu Marriage Act, 1955 empowers courts to grant such relief, ensuring no party abandons their legal rights due to economic vulnerability. The importance...
Evidence of Adultery in Divorce Proceedings: Standards, Challenges & Judicial Approach
Divorce refers to an act where a court or a competent authority, authorized to act on behalf of a court terminates the marriage. Adultery is one of ground for divorce, adultery remains one of the most sensitive and emotionally charged grounds for seeking divorce in India. Although family courts handle such cases regularly, proving adultery is never straight forward....
The Impact of Long-Term Cohabitation (Live-in Relationships)
Abstract The concept of cohabitation without marriage, commonly known as a “live-in relationship,” has transitioned from a social taboo to a judicially recognized arrangement in India. While no specific statute governs these unions, the judiciary has filled the vacuum by interpreting existing laws to protect the rights of partners, particularly women and children. This paper examines the historical shift...
Cooling-off Period in Mutual Divorce: Mandatory or Dispensable?
Mutual consent divorce under the Hindu Marriage Act, 1955 was a genuine reform — it moved Indian matrimonial law away from adversarial proceedings and gave couples a less hostile path out of a failed marriage. Section 13B lays out the process: a joint petition, thena second motion at least six months later. That gap was supposed to allow for...
Family and Matrimonial Laws in India: An Evolving Legal Framework
Family and matrimonial laws form one of the most sensitive and significant branches of Indian law. These laws do not merely regulate legal rights but directly affect personal relationships, social status, dignity, and emotional well-being of individuals. In a country like India, where family structures are deeply rooted in tradition, religion, and custom, the role of law becomes even...
Irretrievable Breakdown of Marriage as a Ground for Divorce: Should India Finally Reform Its Matrimonial Laws?
IntroductionMarriage in India is traditionally seen as a holy and lifelong union, but the realities of modern life change and show that not all marriages are emotionally or functionally sustainable over time. There are situations in this modern era where the relationship has completely collapsed beyond repair, even though this reality is not adequately reflected in the statutory grounds...
Section 498A: When Protection Becomes Persecution
No one, who has ever been involved with marriage disputes in India, is ignorant about the uncomfortable reality that Section 498A in the criminal code is one of the most abused provisions. The beginning of this section was the protection against dowry harassment, but as time passed it became something even more troublesome. The journey is worth examining closely...
Marital Rape in India: Law, Consent, and the Limits of Criminal Justice
Marital rape remains one of the most contested and unresolved issues in Indian criminal law. While non-consensual sexual intercourse is criminalised as rape under Section 375 of the Indian Penal Code, 1860 (IPC), Exception 2 to the provision categorically excludes sexual intercourse by a husband with his wife (above the age of fifteen) from the offence of rape. This...
Live-in Relationships in India- Legal Status, Rights, and Misconceptions
Live-in relationships in India occupy a curious middle space: they are not governed by a dedicated statute, but they are no longer “illegal”, and courts have steadily read rights into existing constitutional and family-law frameworks to protect partners, especially women and children. At the same time, deep social stigma and several myths still shape how families, police, and even...
- 1
- 2
