Category : Family & Matrimonial Law
Irretrievable Breakdown of Marriage as a Ground for Divorce: Should India Finally Reform Its Matrimonial Laws?
Introduction Marriage 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...
Foster Care and Adoption Systems
IntroductionChildren are the backbone of society, but thousands of children in India grow up without the care and love of a family due to various adversities. Poverty, abuse, abandonment, migration, natural calamities, and death of parents render a large number of children vulnerable and homeless. Foster care and adoption aim at offering protection to such children by placing them...
Custody: The Silent Surge Of De Facto Guardian
Imagine if a grandmother who has nurtured her grandson to a mature man in eight years of uninterrupted commitment, only to be confronted by a habeas corpus petition by his biological father, who wants to be given custody. This situation depicts the increasing difficulty of the Indian family law in which de facto guardians, or those who have been...
Why India needs a Prenup Law: A Case for Legalizing Matrimonial Contracts
The rising divorce rates has sparked an urgent debate for legalizing prenups in India . The Indian Institution of marriage historically and legally regarded as a sacrament rather than a mere contract and is facing a major shift . As there is a rapid increase in modern society due to dual income families, high net worth individuals, late marriages...
Case Study: Rajasthan High Court Annuls Marriage Due to Concealment of Wife’s Schizophrenia
AbstractThe Rajasthan High Court declared a 2013 marriage void ab initio when it was proved that the wife had schizophrenia. This serious mental disorder was deliberately concealed from the husband before their wedding. On appeal, the court held that this non-disclosure amounted to fraud under Section 12(1)(c) of the Hindu Marriage Act, entitling the husband to annul the marriage...
You Loved, You Trusted, and Now You’re in Court — Happens in Many Relationships
Relationships often begin with hope, affection, and trust. Rarely does anyone imagine that the person they once relied on the most could someday sit across from them in a courtroom. Yet this painful reality unfolds every day. Couples who once shared dreams and promises often find themselves entangled in legal disputes when misunderstandings, incompatibility, or conflicts overpower their bond....
Divorce in India: Process, Rights, and What You Need to Know
Divorce is never just a legal procedure; it is also an emotional journey that affects individuals and families in significant ways. Separation brings with it feelings of stress, uncertainty about the future, and concerns about financial stability and child custody. In India, divorce laws are detailed but often overwhelming for couples who are already going through emotional strain. With...
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