Rajasthan High Court Says Hindu Marriage Act Bar On Scheduled Tribes Spares Couples Following Hindu Customs

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 […]

If There Can Be Housewives, There Can Be House Husbands: Madras High Court Dissolves A Marriage, Awards Alimony

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.

Wife Reneged On Family Court Undertaking To Withdraw 498A Case After Getting Divorce: Calcutta High Court Quashes Proceedings As Abuse Of Process

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.

One-Year Separation Is Mandatory for Mutual Consent Divorce: Patna High Court

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.

Procedural Irregularities Cannot Defeat Mutual Divorce Under Muslim Law: Gujarat High Court Slams Hyper-Technical Family Court View

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.

Section 2(2) Serves a Protective Function, Not Exclusionary; It Cannot Deny Hinduised Tribal Person Benefits of the Act: Chhattisgarh High Court Allows ST Man’s Mutual Divorce Plea

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.

Registration of Marriage Does Not Remove Exceptional Hardship Where It Was Never Consummated: Delhi HC

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.

‘No Direct Instigation Found’: Bombay HC Grants Pre-Arrest Bail To Woman, Partner In Estranged Husband’s Suicide Case

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.