Navigating Family & Marriage Laws in India

Cruelty isn't always from the husband's side. In a recent case, the Madhya Pradesh High Court granted a divorce to a husband based on the wife's arrogant and disrespectful behavior towards him and his family, terming it mental cruelty.

Can a cruelty case under Section 498A of the IPC be dropped if the marriage itself is declared void? The Supreme Court has clarified that if a marriage is found to be null, the conviction for cruelty cannot be sustained. I explain the details of this important judgment.

When a couple decides to divorce by mutual consent, what happens to the criminal cases filed by the wife? The Supreme Court has ruled that if a matrimonial dispute is settled amicably, related criminal proceedings like those under Section 498A can be quashed.

Can a wife who quits her job just to claim maintenance expect a higher amount? The High Court ruled that a qualified wife is not supposed to sit idle and can only seek supportive maintenance. I discuss the nuances of this judgment.

If a wife has already received permanent alimony under the Hindu Marriage Act, can she file for maintenance again under Section 125 of the CrPC? The Supreme Court has clarified that she cannot claim maintenance under both provisions.

It's a common misconception that only a wife can claim maintenance. I explain the gender-neutral provisions under the Hindu Marriage Act, where a husband who is unable to support himself can also legally claim maintenance from his financially stable wife.

Bigamy is a crime, but what about being in a live-in relationship while still legally married? The Punjab & Haryana High Court has stated that this can also amount to the offence of bigamy under the IPC.

A High Court imposed a condition on a husband to live with his wife to get anticipatory bail in a cruelty case. The Supreme Court overturned this, stating that such conditions related to conjugal rights cannot be a basis for granting or rejecting bail.

The number seven holds legal significance in a marriage. I explain the legal presumption under the Evidence Act regarding the death of a wife within seven years of marriage and how the Supreme Court requires evidence of cruelty for this presumption to apply.