Divorce was not a concept that existed in ancient times. Marriage was regarded as a sacred notion to them. Manu believes that a husband and wife cannot be separated and that their marital bond cannot be destroyed. Later, the concept of divorce entered the scene and became entrenched as a custom for ending a marriage.…
Marriage has been considered as the greatest and the most important of all the social institutions. For the Hindus, it is considered as a means to lay the foundation for building up the family which is the basic unit of any society. Since marriage holds such a great significance in the society, it is necessary…
Psychology is the scientific study of behaviour, experience and mental processes. Behaviour includes all of our outward or overt actions and reactions, such as talking, facial expressions and movement. Mental processes refer to all the internal, covert actions of our minds, such as thinking, feeling and remembering. To study behaviour and mental processes in both…
Indu Malhotra is a retired judge and senior counsel of the Supreme Court of India. She was the second woman to be designated as Senior Advocate by the Supreme Court. She also authored the third edition of The Law and Practice of Arbitration and Conciliation (2014). The Apex court of India in a majority of…
According to Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956, divorce maintenance is where the husband provides alimony or financial support to the wife even after judicial separation. Basically not only to the wife, but also to the children and wife’s parents who are equally entitled to receive financial support from…
On 22nd December 1901, Rabindranath Tagore established his school at Santiniketan with five students (including his eldest son) and an equal number of teachers. He originally named it Brahmacharya Ashram in the tradition of ancient forest hermitages. Not too many know that Shantiniketan, which means the abode of peace – long before it became the…
In the context of family law, Legal Custody is a sort of Child Custody that gives a parent the authority to make long-term, significant choices about their children. The problem of child custody often arises during a judicial separation or divorce process, and it becomes a critical matter for the courts to resolve. It refers…
Cruelty has not been universally defined till now. It depends upon the circumstances of the cases and the country and time. It is an important ground for judicial separation and divorce. If any party to marriage behaves with cruelty to the other party, then the other party can present an application for divorce against the…
Under Muslim Law the term ‘Maintenance’ is called as “NAFAQA”. Maintenance should be included in food, clothing, and loding. Under Muslim Women Act (Protection of Rights on Divorce) 1986 wife are enfoceable against the former husband. Under Section 125 of the Criminal Procedure Code 1973, a wife who has not been living with her husband…
There are some essential conditions which should be fulfilled for claiming and granting maintenance Sufficient means to maintain the person If any person has sufficient means for maintenance, then it is his duty to maintain his wives, children and parents. If sufficient means are not available, then it will be a perfect and valid defence…
