Category : Family & Matrimonial Law
A wife seeks interim maintenance during the pendency of divorce proceedings. Discuss the factors considered by courts while determining maintenance.
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.1 The importance...
My spouse secretly took huge loans and debts without informing me, and now creditors are approaching our family. What legal remedies are available to me?
Indian law defines marriage as more than a social ritual — it is a legal obligation that establishes certain rights, obligations and, most significantly, financial expectations between spouses. A worrisome — and increasingly common — circumstance in modern family law is the existence of a secret loan or large financial obligation by one spouse without the knowledge and consent...
My spouse continuously monitors my online activities and sends threatening messages after separation. What legal protection is available against cyberstalking by a spouse?
Technology has become an essential part of everyday life. People use social media platforms, emails, messaging applications and other online services for communication and sharing information. Although technology has made communication easier, it has also increased the risk of cybercrimes and online harassment. One of the growing concerns in modern society is cyberstalking, where an individual repeatedly monitors, contacts,...
My spouse lives in another city and all our matrimonial proceedings are being conducted online. Can divorce and related family disputes be legally decided through virtual hearings alone?
The family justice system in India has historically placed a heavy emphasis on the physical presence of parties, rooted in the philosophy that matrimonial disputes require face-to-face mediation and reconciliation efforts. However, the advent of globalization, where spouses often reside in different cities or countries, coupled with the catalyst of the COVID-19 pandemic, has compelled the legal system to...
Confused About Alimony After Divorce? Here’s How Courts Will Decide
Priya and Amit are a couple married for twelve years. They have two children, a comfortable home and a stable life. After having her first child, Priya quit her job as a marketing executive, choosing to focus on raising their children and managing the household, while Amit built his career as a senior IT professional. When their marriage broke...
Facing Dowry Harassment After Marriage? Here’s How to Take Legal Action
You got married. What was supposed to be the beginning of a new life became, very quickly, something else. The gifts your family sent weren’t enough. The cash wasn’t enough. The jewellery wasn’t enough. And now, months into your marriage, you are being told sometimes loudly, sometimes in ways that are harder to name that you need to bring...
Religious Conversion and Marital Dissolution: Examining Divorce on the Ground of Conversion under the Hindu Marriage Act, 1955
Hindu Law considers the sacramental nature of marriage to be permanent and sacred, with each party being bound in rights and obligations. On the other hand, Article 25 of the Constitution of India gives to every citizen the right to profess, practice, and propagate his religion . Thus, a conflict arises when one of the parties decides to change...
Want a Mutual Divorce but Your Partner Refuses? Here’s What You Can Do
What happens if my spouse refuses mutual consent divorce?If your spouse refuses to continue with a mutual divorce, the court cannot grant a decree under Section 13B of the Hindu Marriage Act, 1955. Mutual consent divorce is based entirely on the free and continuing agreement of both spouses. Even if both parties initially filed a joint petition, either spouse...
My Spouse Has Been Imprisoned for a Long Period: What Effect Does Prolonged Imprisonment Have on Marital Rights and Available Legal Remedies?
The institution of marriage entails the creation of certain rights and duties among the spouses, such as cohabitation, companionship, emotional support, and the bearing of financial obligations. In a situation where one spouse becomes involved in a long term imprisonment, these rights might be difficult to enjoy due to the restrictions resulting from that situation. Although long term imprisonment...
The Duty to Disclose: Can Your Spouse Hide Income and Assets During Maintenance Proceedings?
Maintenance proceedings whether interim or permanent stand at the intersection of family law, procedural fairness, and financial justice. When a marriage breaks down, one of the most contentious battlegrounds is money. How much does the earning spouse make? What assets exist? Are there hidden investments, undisclosed businesses, or offshore accounts? These are not merely strategic questions they go to the...
