Family, Marriage & Divorce

Mutual Consent Divorce is the quickest form of divorce for an irreparably broken marriage. It is the divorce sought and obtained from the family court by consenting spouses, preferably by filing a joint petition. Divorce is normally sought only when the husband and wife do not want to live together in a matrimonial relation any longer.

In a judgement in xxx v xxx [2025:KER:25098], Kerala High Court ordered divorce on the ground of cruelty, specifically due to persistent neglect, lack of affection, and denial of conjugal rights without valid reasons which caused severe mental trauma to the spouse.

In a claim for return of gold ornaments and money, the wife has to initially prove the entrustment. Mere assertions, without any trace of evidence, are not sufficient to grant a decree by the family court, says the High Court of Kerala  (HCK) in Mohandas v Sunitha Mohandas [2024:KER:81527].

The proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is basically civil in nature. Therefore there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature, says the SC in Vishal Shah v Monalisha Gupta & Others.

A divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband, says the Supreme Court (SC) in Rinku Baheti Vs Sandesh Sharda [2024 INSC 1014]. The matrimonial proceedings to seek maintenance or alimony is being used as an attempt for equalisation of wealth with the other party.

In Parvin Kumar Jain v Anju Jain [2024 INSC 961), the Supreme Court (SC) by relying on the judgements in Kiran Jyot Maini v Anish Pramod Patel and Rajnesh v Neha, outlines the factors regarding permanent alimony.

Husband was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent by the High Court of Kerala in Surendra Kumar v State of Kerala [2024: KER:76979 ].

Law cannot permit or encourage snooping by one spouse on the other. Right to privacy is a fundamental right and it includes spousal privacy. Evidence obtained by invading the fundamental right to privacy of the spouse is inadmissible in the court, says Madras High Court in the judgement in R v B.

Withdrawal of an Original Petition for divorce, filed by the wife under Section 13(1) (ia) of the Hindu Marriage Act, 1955, does not automatically abate the counterclaim filed by the husband, says the High Court of Allahabad in Ishita Dua v Tarun Kumar Sharma [2024:AHC:79757-DB].

The Supreme Court (SC) in Dolly Rani v. Manish Kumar Chanchal [2024 INSC 355], state's that for a Hindu marriage to be valid in law, it must be performed with the appropriate rites and ceremonies, such as saptapadi (seven steps around the sacred fire) if included, and the proof of these ceremonies is essential in case of disputes.