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On Chahal-Dhanashree divorce, Bombay HC's order to family court

Indian cricketer Yuzvendra Chahal and his wife Dhanashree Verma had submitted a plea asking the court to waive the six-month cooling period for their divorce

The Bombay HC has asked for a family court to decide on Yuzvendra Chahal and Dhanashree Verma's divorce tomorrow

india news

Updated on Mar 19, 2025 10:29 PM IST

ByHT News Desk

Denial of right to education as a ground for divorce

The MP High Court held that denying the spouse freedom to pursue education is mental cruelty, a ground for divorce. The apex court should affirm this judgment

The court ruled that “compelling the wife to discontinue her studies or creating such an atmosphere that she is put in a position not to continue her studies at the beginning of their marital life” amounted to mental cruelty under the Hindu Marriage Act of 1955, (HT Photo)

opinion

Updated on Mar 18, 2025 08:34 PM IST

ByTahir Mahmood

Woman filing false cases against husband amounts to mental cruelty, says HC

The court observed, “… filing baseless criminal complaints against a spouse with the intent to cause humiliation and distress amounts to cruelty and can be a valid ground for divorce.”

cities

Published on Mar 16, 2025 07:30 AM IST

ByManoj Kumar Singh, Lucknow

Quitting job to deny wife alimony is not appreciated in civilised society: Orissa HC

Orissa HC rules a qualified husband who stays unemployed to avoid maintenance responsibilities is unacceptable in society, affirming a ₹15,000 monthly order.

india news

Published on Mar 14, 2025 05:52 AM IST

ByDebabrata Mohanty, Bhubaneswar

Orissa HC rebukes engineer who quit job to avoid paying maintenance to wife

The Family Court had ordered the man to make a monthly payment of ₹15,000 to the woman, a school teacher, and their child as interim maintenance

The woman had filed for divorce and interim maintenance in 2016 (Photo: Orissa High Court website)

india news

Published on Mar 13, 2025 09:19 PM IST

ByDebabrata Mohanty

Don’t reject Jains’ divorce plea under Hindu Act: HC

Madhya Pradesh HC bars Indore family court from dismissing Jain divorce petitions under Hindu Marriage Act, citing 28 similar pending cases.

The high court was apprised that 28 similar petitions were pending an appeal. (Shutterstock)

india news

Published on Mar 07, 2025 06:50 AM IST

ByShruti Tomar

Hits and misses in Uttarakhand UCC

The code may in the sight of its supporters be a proverbial bird in hand better than two in the bush, but it surely does not answer the call of the Constitution

Dehradun: Uttarakhand Chief Minister Pushkar Singh Dhami during an event to announce the implementation of the Uniform Civil Code (UCC), in Dehradun, Uttarakhand, Monday, Jan. 27, 2025. (PTI Photo)(PTI01_27_2025_000157A) (PTI)

opinion

Published on Feb 03, 2025 08:41 PM IST

ByTahir Mahmood

Hindu marriage can’t be dissolved in a year unless for exceptional hardship: HC

“Marriage between two Hindus is sacrosanct and its dissolution would be permissible only for the reasons permissible in law,” the Allahabad HC observed.

It was observed that in the present matter, except for the routine ground for mutual incompatibility, no exceptional circumstance was shown to exist to allow parties to file for divorce within one year of marriage. (For representation)

cities

Updated on Jan 29, 2025 05:10 AM IST

ByHT Correspondent, Prayagraj

Khaps ask CM Saini to amend Hindu Marriage Act, ban live-ins

Sanjay Deswal, who heads Akhil Bhartiya Deswal Khap, said that they met the chief minister and urged him to amend the Hindu Marriage Act in the state.

Representatives of khap panchayats met Haryana chief minister Nayab Singh Saini to seek amendments in the Hindu Marriage Act, 1955. In a memorandum submitted to the CM, the khap heads have urged a ban on live-in relationships, parental consent for love marriages and retaining 18 years as the minimum age to solemnise marriages. (HT Photo)

india news

Updated on Jan 19, 2025 03:52 AM IST

BySunil Rahar, Rohtak

Wife can claim maintenance from husband, even without living with him: SC

SC ruled that wife’s refusal to comply with a decree of conjugal rights under Hindu Marriage Act, 1955, for just cause, doesn’t disqualify her from maintenance.

The Court emphasised that the decree for restitution of conjugal rights would not absolve the husband of his responsibility to maintain his wife. (Pic used for representation)(PTI)

india news

Updated on Jan 12, 2025 11:02 AM IST

ByHT News Desk

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

The court was hearing an appeal filed by a wife against an April 15 order by a family court that denied her interim maintenance

The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite the settlement never being implemented. (HT Archive)

cities

Published on Dec 30, 2024 10:57 PM IST

ByShruti Kakkar

Exploitation, financial crises make matrimonial proceedings difficult for wives and children: Allahabad HC

A division bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla passed the judgment on November 11, 2024

Lucknow bench of Allahabad High Court (File)

cities

Updated on Nov 17, 2024 06:46 AM IST

ByMANOJ KUMAR SINGH, Lucknow

Family courts must waive cooling off period if conditions met: HC

The Bombay High Court ruled that family courts can waive the six-month "cooling off" period for mutual consent divorces if specific conditions are met.

cities

Updated on Oct 29, 2024 06:04 AM IST

ByHT Correspondent

Family courts must waive cooling off period if conditions met: HC

The Bombay High Court ruled that family courts can waive the six-month cooling-off period in mutual consent divorces if all issues are settled.

A single judge bench of justice Gauri Godse said family courts, the first port of call for divorce cases, must keep in mind that the waiting or cooling off period contemplated under Section 13B (2) the Hindu Marriage Act, 1955, is directional and not mandatory. (HT Photo)

india news

Updated on Oct 29, 2024 06:18 AM IST

ByHT Correspondent, Mumbai

Adult offspring entitled to interim maintenance till attaining financial stability, rules HC

The court said that gainful employment in today’s competitive world may be feasible only after the child has pursued education beyond 18 years of age

The HC upheld the ruling of a family court, allotting enhanced compensation to wife and child. (Representative photo)

cities

Updated on Aug 02, 2024 05:26 AM IST

ByShruti Kakkar

“Kanyadan” not essential for Hindu marriage as per law: Allahabad HC

The court said that Section 7 of the Hindu Marriage Act provides only “Saptpadi” (taking of seven steps by bridegroom and bride jointly before the sacred fire) as an essential ceremony of a Hindu marriage

The Lucknow bench of the Allahabad high court passed the order recently. (For Representation)

cities

Updated on Apr 06, 2024 09:14 PM IST

ByHT Correspondent, Lucknow

Irretrievable breakdown of marriage should be ground for divorce: Allahabad HC

The court emphasises the need for amending grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations

The court allowed a first appeal moved by a doctor, who had challenged the order of the family court, Moradabad that rejected his divorce petition. (For Representation)

cities

Published on Mar 02, 2024 10:52 PM IST

ByJItendra Sarin, Prayagraj

Delhi High Court upholds law barring marriage of distant relatives

The court was considering a plea filed by a woman who had approached court seeking that her marriage be declared legal

The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove the existence of a custom within her community that legitimises the union (HT ARCHIVE)

india news

Updated on Jan 25, 2024 01:54 AM IST

ByShruti Kakkar, New Delhi

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindus

Section 5(V) of the HMA states that a marriage may be solemnised between any two Hindus, if the parties are not sapindas of each other, unless custom allows.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, “If the choice of a partner in a marriage is left unregulated incestuous relationship may gain legitimacy.” (File)

cities

Published on Jan 24, 2024 06:25 PM IST

PTI |

Haryana: Khaps raise pitch against ‘same gotra, same village’ marriages

Leaders of around 55 Khap panchayats and representatives of farmer unions held a panchayat at Kurukshetra on Wednesday and they threatened to boycott MPs and MLAs if they fail to clear their stand on their demands, including amendment in the Hindu Marriage Act

Representatives of Khap panchayats have given a one-month ultimatum to the government, MPs and MLAs to support their demand of an amendment in the Hindu Marriage Act to prohibit same gotra (clan) marriages in the state and urged the youths to take a pledge against “love marriages” in same gotra and same village. (Representational image)

cities

Updated on Aug 31, 2023 12:17 AM IST

ByNeeraj Mohan, Karnal

First wife can seek declaration of husband’s 2nd marriage as void: Allahabad High Court

The court held that application under Section 11 of The Hindu Marriage Act, 1955 by the first wife seeking declaration of husband’s second marriage as void is maintainable.

cities

Updated on Aug 02, 2023 01:53 AM IST

ByJItendra Sarin, Prayagraj

Khaps ask Haryana to amend Hindu Marriage Act to ban intra-gotra marriage

Ramesh Dalal, the president of the Samiti, said that certain marriages such as those within the gotra, within the village and villages sharing geographical boundaries are not permissible in the civil society as per Haryanvi culture and custom.

Khap panchayats (caste councils) in Haryana have asked the Bharatiya Janata Party-Jannayak Janta Party government to amend the Hindu Marriage Act for prohibiting same gotra (clan) marriages in the state. (HT File)

cities

Updated on Jul 04, 2023 12:57 AM IST

ByHitender Rao, Chandigarh

‘No sex with spouse for long a form of mental cruelty, says Allahabad HC: Report

The husband sought a divorce on grounds of mental cruelty, divorce agreement and long desertion.

A bench comprising Justice Suneet Kumar and Justice Rajendra Kumar-IV quashed a family court's order by a Principal judge, which dismissed the divorce appeal under Section 13 Hindu Marriage Act, 1955. (File)

india news

Published on May 26, 2023 08:51 AM IST

BySanskriti Falor

SC overrules govt objection, begins same sex hearing

India's Supreme Court has begun hearing a number of petitions calling for legal recognition of same-sex marriages, despite objections from the government. The court clarified that the proceedings will focus on validating such unions under the Special Marriage Act only, and not under personal laws. If successful, India would become only the third country in Asia to allow same-sex unions, five years after the court decriminalised homosexuality. Around 50 petitioners have argued that denying them the right to wed is unconstitutional and violates their fundamental rights.

Around 50 petitioners have approached the top court asking for legalisation of same-sex marriage (PTI)

india news

Updated on Apr 18, 2023 11:52 PM IST

ByUtkarsh Anand, New Delhi

Akhil Bhartiya Sant Samiti moves SC, opposes same-sex marriage

Akhil Bhartiya Sant Samiti submitted that like some of the Western countries we cannot just follow the same-sex relationship in our Indian Society.

The top court is dealing with various petitions seeking recognition for same-sex marriages under statutory provisions of various enactments such as the Special Marriage Act, the Foreign Marriage Act, the Hindu Marriage Act, and others. (File)

india news

Published on Apr 17, 2023 07:22 PM IST

ANI |

‘Urban elitist views’: Centre opposes same-sex marriage in Supreme Court

The Centre has told the Supreme Court that creation of a new social institution is beyond the scope of judicial determination

The Centre has questioned the maintainability of a clutch of petitions in the Supreme Court that has demanded legal validation for same-sex marriages in India. (File Photo)

india news

Updated on Apr 17, 2023 09:53 AM IST

ByUtkarsh Anand

‘Assault on family system’: Jamiat moves plea in SC opposing same sex marriage

Any change in the existing laws is for the Parliament to decide, read the application.

Earlier last month, the Centre filed an affidavit in the top court opposing the demand for recognising same-sex marriage. (ANI)

india news

Updated on Apr 01, 2023 07:51 PM IST

ByAbraham Thomas

Sec 494 discriminatory? Allahabad high court issues notice

Under IPC section 494, if a person marries for the second time during the lifetime of the first wife or husband without getting a divorce, the marriage is void. For this offence, there is a provision for seven years’ jail and a fine.

india news

Updated on Mar 05, 2023 02:58 AM IST

ByPawan Dixit, Lucknow

Conjugal rights make sure couples cohabit or divorce: Centre tells SC

Asserting that continuation of the institution of marriage or at least making an honest attempt at it is a legitimate state interest, the government justified the law, adding it is the bounden constitutional duty of the legislature to protect the institution of marriage and family.

Centre made the statement while defending the law that authorises a court to direct a person to return to her or his spouse again. (AP File Photo)

india news

Updated on Sep 06, 2022 10:27 AM IST

ByUtkarsh Anand, New Delhi

Delhi HC dissolves marriage, says husband viewed his wife only as a 'cash cow'

The bench, also comprising Justice Jasmeet Singh, observed that the husband appeared to be "not interested in nurturing the marriage but only interested in the wife's income".

india news

Published on Nov 07, 2021 09:01 PM IST

Written by Shubhangi Gupta | Edited by Poulomi Ghosh, Hindustan Times, New Delhi

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hindu marriage act news

Latest from hindu marriage act

Indian cricketer Yuzvendra Chahal and his wife Dhanashree Verma had submitted a plea asking the court to waive the six-month cooling period for their divorce

The MP High Court held that denying the spouse freedom to pursue education is mental cruelty, a ground for divorce. The apex court should affirm this judgment

The court observed, “… filing baseless criminal complaints against a spouse with the intent to cause humiliation and distress amounts to cruelty and can be a valid ground for divorce.”

Orissa HC rules a qualified husband who stays unemployed to avoid maintenance responsibilities is unacceptable in society, affirming a ₹15,000 monthly order.

The Family Court had ordered the man to make a monthly payment of ₹15,000 to the woman, a school teacher, and their child as interim maintenance

Madhya Pradesh HC bars Indore family court from dismissing Jain divorce petitions under Hindu Marriage Act, citing 28 similar pending cases.

The code may in the sight of its supporters be a proverbial bird in hand better than two in the bush, but it surely does not answer the call of the Constitution

“Marriage between two Hindus is sacrosanct and its dissolution would be permissible only for the reasons permissible in law,” the Allahabad HC observed.

Sanjay Deswal, who heads Akhil Bhartiya Deswal Khap, said that they met the chief minister and urged him to amend the Hindu Marriage Act in the state.

SC ruled that wife’s refusal to comply with a decree of conjugal rights under Hindu Marriage Act, 1955, for just cause, doesn’t disqualify her from maintenance.

The court was hearing an appeal filed by a wife against an April 15 order by a family court that denied her interim maintenance

A division bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla passed the judgment on November 11, 2024

The Bombay High Court ruled that family courts can waive the six-month "cooling off" period for mutual consent divorces if specific conditions are met.

The Bombay High Court ruled that family courts can waive the six-month cooling-off period in mutual consent divorces if all issues are settled.

The court said that gainful employment in today’s competitive world may be feasible only after the child has pursued education beyond 18 years of age

The court said that Section 7 of the Hindu Marriage Act provides only “Saptpadi” (taking of seven steps by bridegroom and bride jointly before the sacred fire) as an essential ceremony of a Hindu marriage

The court emphasises the need for amending grounds for divorce under the Hindu Marriage Act, 1955, to address modern day situations

The court was considering a plea filed by a woman who had approached court seeking that her marriage be declared legal

Section 5(V) of the HMA states that a marriage may be solemnised between any two Hindus, if the parties are not sapindas of each other, unless custom allows.

Leaders of around 55 Khap panchayats and representatives of farmer unions held a panchayat at Kurukshetra on Wednesday and they threatened to boycott MPs and MLAs if they fail to clear their stand on their demands, including amendment in the Hindu Marriage Act

The court held that application under Section 11 of The Hindu Marriage Act, 1955 by the first wife seeking declaration of husband’s second marriage as void is maintainable.

Ramesh Dalal, the president of the Samiti, said that certain marriages such as those within the gotra, within the village and villages sharing geographical boundaries are not permissible in the civil society as per Haryanvi culture and custom.

The husband sought a divorce on grounds of mental cruelty, divorce agreement and long desertion.

Akhil Bhartiya Sant Samiti submitted that like some of the Western countries we cannot just follow the same-sex relationship in our Indian Society.

The Centre has told the Supreme Court that creation of a new social institution is beyond the scope of judicial determination

Any change in the existing laws is for the Parliament to decide, read the application.

Under IPC section 494, if a person marries for the second time during the lifetime of the first wife or husband without getting a divorce, the marriage is void. For this offence, there is a provision for seven years’ jail and a fine.

Asserting that continuation of the institution of marriage or at least making an honest attempt at it is a legitimate state interest, the government justified the law, adding it is the bounden constitutional duty of the legislature to protect the institution of marriage and family.

The bench, also comprising Justice Jasmeet Singh, observed that the husband appeared to be "not interested in nurturing the marriage but only interested in the wife's income".

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