The Hindu Marriage Act bar on Scheduled Tribes protects tribal custom and does not shut out a couple who admittedly follow Hindu rites, the Rajasthan High Court has ruled in the divorce case of a Meena couple. Jaipur: A couple from the Meena community, a notified Scheduled Tribe, married with Hindu rites and later asked […]
Dissolving a broken-down marriage between two doctors by mutual consent, the Madras High Court has said that just as there are housewives, there can be house husbands too, and that this should become a ‘new normal’ to help preserve the institution of marriage. The Court, waiving the six-month cooling-off period, directed the husband, a cardiologist, to pay Rs 1.5 crore to the wife and Rs 50 lakh to each of their two children.
A woman secured an accelerated mutual-consent divorce after undertaking before the Family Court to withdraw a pending Section 498A case against her former husband, then refused to do so. The Calcutta High Court quashed the proceedings under Section 482, holding that with the marriage dissolved, all claims settled and the complainant remarried, continuing the trial served no public interest and was a manifest abuse of process.
The Patna High Court has reiterated that the mandatory one-year separation under Section 13(B) must be genuinely observed for granting mutual consent divorce. It upheld rejection of the couple’s plea after the husband admitted conjugal relations during separation.
The Gujarat High Court held procedural defects cannot defeat Mubarat divorce where mutual consent exists, recognizing dissolution without written agreement, criticizing a Family Court’s hyper-technical approach, and affirming Muslim personal law principles prioritizing substantive justice over procedural requirements.
The Chhattisgarh High Court set aside a Family Court order rejecting a mutual-consent divorce petition because the husband belonged to a Scheduled Tribe, ruling that Hindu Marriage Act, 1955 protections cannot bar couples married under Hindu customs.
The Delhi High Court set aside a Family Court order denying waiver of the mandatory one-year waiting period for mutual consent divorce. A bench of Justices Vivek Chaudhary and Renu Bhatnagar held that forcing a non-consummated marriage causes hardship.
The Bombay High Court granted pre-arrest bail to a woman and her alleged lover, accused of abetting her estranged husband’s suicide. The court found no evidence of direct instigation or compelling behavior from the couple, emphasizing that the law requires clear acts of inducement for abetment claims.
