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The term ‘guardianship’ is very broad that deals with an adult’s rights/powers over a minor person and property. The term ‘custody’ is a specific referring to the minor’s upbringing/care and overall development. In Shri Rajinder Kumar Mishra v. Shrimati Richa[i], the court held that the child’s welfare is of paramount consideration while dealing with the […]

The concept of marriage and family has changed with time and the concept of divorce has evolved which was not known to anybody earlier. Divorce may be defined as the final termination of a marital relationship that makes the legal duties null and void. The legal process of divorce consists of many issues that comprise

The term ‘maintenance’ is defined as an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. The terms \’maintenance\’ and \’alimony\’ have been used interchangeably, the term alimony means an allowance or amount which a court orders the husband

How to win a false 498A case? Section 498A of the Indian Penal Code (IPC) provides that ‘husband or relative of the husband of a woman subjecting her to cruelty, shall be liable for imprisonment for 3 years with fine.’ The said provision was inserted in 1983 to protect a married woman from harassment and

A mutual consent divorce proceedings initiate when both the parties to the marriage i.e. husband and wife want to terminate the marriage. They decide to get separated by mutual consent. According to the provisions of the Hindu Marriage Act, 1955, both the husband and the wife have the right to dissolve their marriage by a

Divorce by mutual consent is when both the parties to the marriage i.e. the husband and the wife mutually agree that they cannot live together anymore and they believe that the best solution is to file for a divorce. They jointly present a mutual divorce petition before the court having jurisdiction, without mentioning any allegations

Evidence required in a Divorce Proceeding A divorce procedure basically starts with the filing of a divorce petition. The whole procedure of divorce works when the said petition is written by any of the one parties involved in the divorce process and the served to the other party. Evidence is the key to get success

The following topic shall be discussed in reference to CJ Joy vs Shily Mary[1]. In the following case the husband seeks petition on the ground that at the time of the marriage wife was unfit for marriage and the consent so obtained was through fraud. The facts of the case are as follows: Husband is

In order to argue various aspects of the astonishing array of the doctrine which stands a marriage voidable on the ground that the consent of the deceased was obtained with fraud[1], we need to understand the meaning of fraud, its various essentials and how the concept was introduced in marriage. Even-though in Hinduism marriage is