Family Law

Divorce on irretrievable breakdown of marriage

Irretrievable breakdown of a marriage is prevalent in the US. Does the Hindu Marriage Act enumerate it as a ground for divorce? Irretrievable breakdown of a marriage is not a valid ground of divorce under section 13 of Hindu Marriage Act 1955 so divorce can not be...

Consent theory of divorce

I want the divorce; therefore, I contacted an advocate to file a case under section 13 of the Hindu Marriage Act. He advised me that if my wife is ready to give divorce then I should move a petition under section 13b. However my wife is also ready to separate from me,...

Guilt theory of divorce

I want to know the guilt theory of divorce. My wife and I are want to take divorce through our free will. There is no dispute between us but we think that our views are different. When I contacted an advocate for divorce on the free consent of the parties. But he said...

Does Hindu marriage sacrament or contract

Does Hindu marriage sacramental or contract? It is now subject of debate that Hindu marriage became a contract or still sacrament. We are living in a new era which is the result of the industrial revolution, the most significant contribution of the industrial...

Amount of alimony in Hindu law

No fixed formula can be laid for fixing the amount of alimony. Right to alimony is an incident of the status from an estate of matrimony. While considering a claim for interim maintenance, the court has to keep in mind the status of the parties, reasonable wants of...

Irretrievable breakdown of marriage

Irretrievable breakdown of marriage in India especially in respect of Hindu Marriage Act. Basic Principle The No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. It allows a family court to...

Conditions of Hindu Marriage

Conditions of Hindu Marriage Marriage is an exclusive and sacramental union. Before the 1955 era, it was not so easy to get divorced from a Hindu person. Because as per Hindu Religion, the marriage considered as a pious knot. So we cannot find any provision for...