Family, Marriage & Divorce

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.

Stridhan property is essentially what is gifted to a woman before marriage, at the time of marriage or at the time of bidding of farewell or thereafter and it is an “absolute property” of a woman. The husband has no control over it and it does not become a joint property of the wife and the husband. But he can use it in times of distress and he has a “moral obligation” to restore the same or its value to his wife, says the Supreme Court (SC) in Maya Gopinath v Anoop S B [2024 INSC 334].

Non-performance of an already decided marriage by the accused after booking the hall for its performance, does not amount to committing an offence of cheating, says the Supreme Court (SC) in Raju Krishna Shedbalkar v State of Karnataka & Another.

In Rema v Radhamani (Mat appeal No 813 of 2017), the High Court of Kerala says cohabitation between a man and a woman, however long it may be, will not become a valid marriage, if either of them is already a married person.

In VA Anand v State Information Commission & Others, the Madras High Court pointed out that the wife was not a third party and during the pendency of matrimonial proceedings, she was entitled to receive information relating to salary of her husband.

A wife, who contributed to the acquisition of family assets by performing the household chores, thereby releasing their husbands for gainful employment, would be entitled to a share in the properties, as she had indirectly contributed to its purchase, says the High Court of Madras in Kannaian Naidu & Others v Kamsala Ammal & Others.

A person professing Christian religion can get a divorce under the Divorce Act, 1869. The act is applicable if one of the parties to the marriage is a Christian and the marriage can be dissolved by passing a decree by the court under the Act.

Maintenance refers to the amount payable by a husband to the wife (or wife to husband) who is unable to maintain herself. It can be claimed either during the marriage or after the divorce. The objective of granting maintenance is to ensure that the dependent spouse should not be lead to destitution or vagrancy but it should not be a punishment to the other.

An unmarried daughter, who attained majority, can claim maintenance from her father of mother if she is unable to maintain herself out of her earnings or other property, under Section 23 of the Hindu Adoption and Maintenance Act, 1956 (HAMA).