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hindu marriage act

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“What do you think? Is a woman a chattel that we can pass such an order? Is a wife a chattel that she can be directed to go with you?” asked an SC bench of justices Sanjay Kishan Kaul and Hemant Gupta while hearing the man’s petition.

Wife not husband’s chattel, can't be forced to live with him, says Supreme Court

By Utkarsh Anand, Hindustan Times, New Delhi
UPDATED ON MAR 03, 2021 05:31 AM IST
At the core of the dispute is an April 2019 order on restitution of conjugal rights, passed in favour of the man under Section 9 of the Hindu Marriage Act (HMA) passed by a family court at Gorakhpur.
The petition referred to the 2018 Supreme Court order that read down Section 377 of the Indian Penal Code, which criminalised homosexuality.(REUTERS File)
The petition referred to the 2018 Supreme Court order that read down Section 377 of the Indian Penal Code, which criminalised homosexuality.(REUTERS File)

Delhi HC asks Centre to respond to plea seeking legal recognition of same-sex marriages

Hindustan Times, New Delhi | By Richa Banka
UPDATED ON NOV 19, 2020 01:26 PM IST
Four members of the lesbian, gay, bisexual, transgender, and intersex community filed the plea in September saying there is nothing in the Hindu Marriage Act that mandated that a marriage can take place only between a Hindu man and a Hindu woman
Bombay high court.(HT Archive)
Bombay high court.(HT Archive)

Bombay HC waives cooling off period for divorce in view of woman’s pregnancy

Hindustan Times, Mumbai | By Kanchan Chaudhari
PUBLISHED ON OCT 30, 2020 04:18 PM IST
His lawyer submitted that the request was justified since both the man and his estranged wife had led independent lives for over two years and the latter was pregnant and carrying the child of the person she plans to marry
A single-judge bench of Justice Navin Chawla had referred the matter to be listed before the Chief Justice of the High Court on Wednesday.(Mint)
A single-judge bench of Justice Navin Chawla had referred the matter to be listed before the Chief Justice of the High Court on Wednesday.(Mint)

Delhi HC seeks govt’s response on plea of 2 same-sex couples seeking legal recognition of their marriage

Hindustan Times, New Delhi | By Richa Banka | Edited by Prashasti Singh
UPDATED ON OCT 14, 2020 12:43 PM IST
The high court listed the matter for further hearing on January 8.
The State must guarantee constitutional rights and ensure that a free choice to enter egalitarian legal partnerships is granted, upheld and protected(Shutterstock)
The State must guarantee constitutional rights and ensure that a free choice to enter egalitarian legal partnerships is granted, upheld and protected(Shutterstock)

For marriage ‘equality’ that is truly equal

Hindustan Times | By Dhamini Ratnam
UPDATED ON SEP 20, 2020 05:44 AM IST
Marriage equality, at a bare minimum, must allow consenting adults to enter into this form of partnership, irrespective of their sexual orientation or gender identity, across castes and religions
Solicitor General Tushar Mehta said that even the law does not provide the provision for same-sex marriages.(Representational Photo)
Solicitor General Tushar Mehta said that even the law does not provide the provision for same-sex marriages.(Representational Photo)

Our values don’t recognise same-sex marriage: Centre tells Delhi HC

Hindustan Times, New Delhi | By Richa Banka
UPDATED ON SEP 14, 2020 04:08 PM IST
Opposing a plea that sought legalisation of the same-sex marriages, Solicitor General Tushar Mehta expressed his personal opinion that such unions are not only contrary to the statutory provisions but the society and values also do not recognise them
Gavel and law books(Getty Images/iStockphoto)
Gavel and law books(Getty Images/iStockphoto)

Remarriage during pendency of appeal against divorce not void: Bombay high court

Hindustan Times, Mumbai | By Kanchan Chaudhari
UPDATED ON SEP 14, 2020 11:55 AM IST
The Bombay high court (HC) has held that a second marriage performed by a Hindu during pendency of an appeal against a decree of dissolution of marriage cannot be termed legally binding
The petition pointed out that in 2018, the Supreme Court read down Section 377 of the Indian Penal Code, which criminalized homosexuality.(HT Photo)
The petition pointed out that in 2018, the Supreme Court read down Section 377 of the Indian Penal Code, which criminalized homosexuality.(HT Photo)

Delhi HC to hear PIL on same-sex marriage

Hindustan Times, New Delhi | By Dhrubo Jyoti
UPDATED ON SEP 14, 2020 04:39 PM IST
The PIL said that nothing in the Hindu Marriage Act mandated that a marriage take place only between a Hindu man and a Hindu woman.
The couple separated after a dispute between the two, said the husband. In his appeal(HT image)
The couple separated after a dispute between the two, said the husband. In his appeal(HT image)

Supreme Court to decide if a woman who leaves husband should get maintenance

Hindustan Times, Srinagar/New Delhi | By Bhadra Sinha
UPDATED ON OCT 08, 2019 06:12 AM IST
The matter was heard on October 4 by a bench of justices SK Kaul and KM Joseph that issued a notice to the wife, asking her to appear before it.
In May 2013, the Solapur resident’s wife had filed a complaint under section 498A (cruelty to woman by husband or relative) of the IPC at Vijapur Naka police station.(HT image)
In May 2013, the Solapur resident’s wife had filed a complaint under section 498A (cruelty to woman by husband or relative) of the IPC at Vijapur Naka police station.(HT image)

State and Centre can’t issue guidelines on maintenance grant to wives: Bombay high court

Hindustan Times, Mumbai | By Kanchan Chaudhari
UPDATED ON AUG 17, 2019 12:47 AM IST
The bench clarified that while considering maintenance pleas, it would rely on guidelines contained in the legal provisions concerned and binding judgments of higher courts.
According to the petition filed in the SC, a man or woman cannot force a spouse to cohabit with him or her or take part in sexual intercourse.(Representative Image)
According to the petition filed in the SC, a man or woman cannot force a spouse to cohabit with him or her or take part in sexual intercourse.(Representative Image)

SC to hear plea against law asking estranged couples to reunite

Hindustan Times, New Delhi | By Bhadra Sinha
UPDATED ON MAR 06, 2019 07:34 AM IST
The Supreme Court on Tuesday agreed to revisit its 35-year-old judgment empowering courts to ask estranged couples to “cohabit” and “take part in sexual intercourse” in the larger interest of preventing a breakdown in marriage.
A view of the Supreme Court in New Delhi.(Sonu Mehta/HT PHOTO)
A view of the Supreme Court in New Delhi.(Sonu Mehta/HT PHOTO)

SC dismisses PIL for lowering marriageable age of male, imposes fine on petitioner

New Delhi | By Press Trust of India
UPDATED ON OCT 22, 2018 09:10 PM IST
The Supreme Court bench said such a plea cannot be a matter of “public interest” and an affected person can come to the court.
The court granted protection to the inter-caste couple.(File Photo)
The court granted protection to the inter-caste couple.(File Photo)

Delhi high court turns down plea challenging minimum marriage age

Hindustan Times, New Delhi | By Richa Banka
PUBLISHED ON AUG 21, 2018 04:51 AM IST
The Delhi high court was hearing a case regarding an inter-caste marriage wherein the couple, both 19 years old, feared harm.
"Being a Maoist is of no crime, though the political ideology of Maoists would not synchronise with our constitutional polity. It is a basic human right to think in terms of human aspirations," the Kerala High Court said in its ruling. PTI file photo(PTI File Photo)
"Being a Maoist is of no crime, though the political ideology of Maoists would not synchronise with our constitutional polity. It is a basic human right to think in terms of human aspirations," the Kerala High Court said in its ruling. PTI file photo(PTI File Photo)

No DNA test of children to prove decades-old case of adultery: Kerala HC

Press Trust of India, Kochi | By Press Trust of India
UPDATED ON JUN 19, 2018 10:51 PM IST
The 77-year-old petitioner had alleged that his wife, 68, had told him in front of the man, with whom she was in an adulterous relationship, that the three children born in the wedlock were not with him but with her paramour.
The Bombay high court has held that if a woman succeeds in getting multiple orders of maintenance, the husband need not pay all these amounts and is entitled to pay just the larger amount.(HT File)
The Bombay high court has held that if a woman succeeds in getting multiple orders of maintenance, the husband need not pay all these amounts and is entitled to pay just the larger amount.(HT File)

Husband need not pay maintenance based on multiple orders: Bombay HC

Hindustan Times | By Kanchan Chaudhari, Mumbai
UPDATED ON JUN 19, 2018 11:29 AM IST
If a woman succeeds in getting multiple orders of maintenance, the husband does not have to pay all these amounts and can pay just the larger amount, the court said.

Woman can withdraw consent for mutual divorce given in front of a mediator: Bombay HC

Hindustan Times | By Kanchan Chaudhari, Mumbai
UPDATED ON MAY 25, 2018 11:12 AM IST
Consent terms signed before a mediator will not have a binding effect until the family court passes a formal judgment and decree on the basis of the same, the court ruled
The Supreme Court asked the Karnataka police to provide the woman security, after she claimed there was a threat to her life from her kin.(PTI File Photo)
The Supreme Court asked the Karnataka police to provide the woman security, after she claimed there was a threat to her life from her kin.(PTI File Photo)

SC orders police protection for Karnataka politician’s daughter married off without consent

Press Trust of India, New Delhi | By Press Trust of India
UPDATED ON MAY 07, 2018 08:42 PM IST
A Karnataka politician’s 26-year-old daughter submitted to the top court that her marriage be set aside as she did not consent to it.
According to us, on this ground alone the Appellant would be entitled to a decree of divorce, the bench said.(HT Photo/Representational Image)
According to us, on this ground alone the Appellant would be entitled to a decree of divorce, the bench said.(HT Photo/Representational Image)

HC grants divorce to Mumbai man whose wife harassed him, filed false police complaints

Hindustan Times | By Kanchan Chaudhari, Mumbai
UPDATED ON MAY 02, 2018 10:53 AM IST
The bench also referred to another complaint lodged by her against her brother-in-law alleging that he threatened to kidnap her son.
The court on Friday said the term ‘sacred fire’ has not been defined under the law.(HT PHOTO)
The court on Friday said the term ‘sacred fire’ has not been defined under the law.(HT PHOTO)

Bombay HC upholds validity of ‘saptapadi’ around burning agarbattis

Hindustan Times | By Kanchan Chaudhari, Mumbai
PUBLISHED ON APR 29, 2018 12:42 AM IST
‘Saptapadi’ around sacred fire refers to seven rounds taken by the bride and groom around a fire.
The Supreme Court today asked the Centre to grant protection to a Karnataka woman who alleged that she has been married off without her consent(AFP)
The Supreme Court today asked the Centre to grant protection to a Karnataka woman who alleged that she has been married off without her consent(AFP)

SC wants security for Karnataka woman forced into marriage without her consent

Hindustan Times, New Delhi | By Bhadra Sinha, New Delhi
UPDATED ON APR 11, 2018 11:46 PM IST
The woman has also sought striking down of certain provisions of the Hindu Marriage Act on the grounds that the consent of the bride or the groom has not been made mandatory in the law.
The high struck down the order of a Pune family court.(HT FILE)
The high struck down the order of a Pune family court.(HT FILE)

Now, personal presence not must for divorce by mutual consent

Hindustan Times | By Kanchan Chaudhari
PUBLISHED ON APR 08, 2018 12:52 AM IST
Bombay high court directs family courts to accept joint pleas for divorce by mutual consent even if the consents are signed by their registered power of attorneys
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