Author: Hari G Ramasubramanian
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Can prosecution under Prevention of Corruption Act continue when delinquent officer is exonerated in Departmental Proceedings?
It is the settled provision position of law that civil and criminal proceedings have an entirely different standard of proof and usually the result of one does not affect the other. However, it is also an established principle of law that the standard of proof required in a civil proceeding is much lower compared to […]
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Cruelty as a Ground for Divorce under Hindu Law
Through ages, marriages in India are considered an obligatory and sacramental ritual, especially for Hindus. The customs and religious practices were according to the old-age traditions. Marriages are also solemnized following the rituals and ceremonies which are mostly codified by statutory personal laws. Other related issues are also essentially governed by those personal laws of…
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Desertion as a ground for Divorce under Hindu Law
According to Hindus, marriage is considered sacred where nuptial knots are tied to bring the souls together whereas a divorce is a judgment from the court ending the marriage when the spouses are not willing to live together. Desertion is also a ground for divorce in India, but the most interesting part is how it…
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ADULTERY- A GROUND FOR DIVORCE IN INDIA
If an unrelated person is found along with a young wife, after midnight in her bedroom in actual physical juxtaposition, unless there is some explanation forthcoming for that, which is compatible with an innocent interpretation, the interference, that a court of law can draw is that the two must be committing an act of adultery…
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Conversion of Religion as a Ground for divorce under Section 13 of the Hindu Marriage Act
Section 13 of the Hindu Marriage Act provides for granting of divorce on the ground of conversion of religion. If a spouse converts from one religion to another, it gives another spouse matrimonial relief. This conversion should happen through a formal ceremony where that person has to completely relinquish the right of his/her religion. A…
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RENUNCIATION OF WORLD AND CONVERSION OF RELIGION- GROUNDS FOR DIVORCE
July 22, 2021 Renunciation of world There are various grounds for the dissolution of marriage under Hindu law. A divorce can be granted by a competent court after looking into the valid grounds. Since marriage is a legal relation, getting out of that marriage has to be done by a process of law. Section 13(1)(vi)…
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INSANITY BEING ONE OF THE GROUNDS FOR DIVORCE
Section 13 of the Hindu Marriage Act determines several grounds for divorce based on fault theory and Insanity is one among them. Though there is a strong moral compulsion to pursue the marriage even after a lot of difficulties, when it is not possible to stay together, there are few provisions available in law. In…
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PRESUMPTION OF DEATH AS A GROUND FOR DIVORCE
The Courts have traditionally taken the opinion that morality, public policy, and the interests of society require that marriage be surrounded by all protections and that its end be allowed only in the manner prescribed by law. Divorce is not generally favoured or encouraged by courts. It is permitted only for grave reasons[1] The Hindu…
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Venereal disease as a ground for divorce
The Supreme Court has in a case held that “Either husband or wife can get a divorce, or a person who has suffered from the disease cannot be said to have any right to marry even before marriage, as long as he is not completely cured of the disease”[1] Venereal disease is an infection that…
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Dower
What is Mahr / Dower? Muslim law treats marriage not as a sacrament but as civil contract.The sum of money which the husband pays to the wife as consideration on marriage is referred as Dower. It is executed either by agreement or operation of law (Abdul Kadir v. Salima)[i]. Various jurists have defined Dower as…