History of Divorce in India : Grounds for Divorce: In most Western nations, there are approximately 16 distinct reasons for which divorces are granted. In India, however, only five main reasons are generally accepted as sufficient grounds for divorce . Adultery : While no formal definition of adultery exists, it does have “a fairly established…
“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Introduction: In India, the Uniform Civil Code has sparked heated debate over its various meanings and consequences for secularism. Article 44 of the Constitution of India lays that “State shall endeavor to provide for its citizens a Uniform Civil Code (UCC) throughout the…
Divorce is a process by which the marriage between two grown-ups reaches a conclusion to end their marriage end which might be solemnized under various laws like Hindus which incorporates Sikhs, Jains, the Hindu Marriage Act,1955 administer Buddhists while Christians are represented by Indian Divorce Act, 1869 and the Indian Christian Marriage Act,1872. The Muslims…
The dowry is an ancient tradition found across cultures, religions, and time periods. It is not certain where dowries originated, but the custom takes place in wedding ceremonies even today. History And meaning of Dowry A dowry is a gift of considerable monetary value given from either the bride or groom to their future spouse…
INTRODUCTION With the changing world, the enhanced mobility of persons and goods makes recourse to private international law a more and more pressing need. The approach to problems concerning jurisdictional competence, conflicts of laws, recognition and enforcement of judgements, international legal assistance is by now clearly influenced by principles relating to human rights, which are…
UNEQUAL TREATMENT OF WIVES A VALID GROUND FOR DIVORCE FOR MUSLIM WOMEN: KERALA HIGH COURT The refusal to cohabit and perform the marital obligations with the previous wife is tantamount to the violation of the Quranic injunctions which commands equal treatment of the wives if the husband contracts more than one marriage. In such circumstances,…
Since 1976, the Hindu Marriage Act has included mutual consent as a reason for divorce. The Special Marriage Act of 1954 was the sole Indian regulation that allowed for divorce by mutual consent prior to 1976. 1 If the marriage fails and the parties agree, a person married under the provisions of this Act may…
In section 13(1) of the Marriage Laws (Amendment) Act of 1976, “cruelty” was included as a reason for divorce (ia). The term “cruelty” is not defined in the Act, and it was previously not a basis for judicial separation. Cruelty can take the form of either physical or emotional abuse. Cruelty to one’s body will…
Kerala high court in a case of divorce held that marital rape can be ground for divorce which is taken as a big step to recognise the provision against marital rape in india because till now there is no provision or law against marital rape in india whereas in other countries there is a provision…
INTRODUCTION Amongst all nations of antiquity, divorce was regarded as natural corollary of marital rights. Islam is the first religion in the world which has expressly recognized the termination of marriage by way of divorce. In India the divorce was recognized after the passing of Hindu Marriage Act, 1955. Under Muslim law there is no…
