Adv. Kailash Nevagi

The High Court of Delhi in MAT.APP.(F.C.)120/2015 decided on 09.09.2016 has held that "the instances given by him (Appellant Husband) are nothing but normal wear-tear in a matrimonial life which cannot constitute mental cruelty grave and weighty enough to dissolve the marriage." In the present the marriage of the Appellant Husband and the Respondent Wife was solemnized two decades ago and there has been a separation of 10 years. The Appellant/Husband filed a petition seeking dissolution of marriage on account of cruelty but at the same time pleading that parties have been residing separately for more than twelve years. The Appellant/Husband did not seek dissolution of marriage on account of desertion. On the basis of averments made in the divorce petition and appreciating the evidence led in support thereof, learned Judge, Family Court held that the accusations of cruelty against the wife could not be proved. This resulted in dismissal of the divorce petiti...

It all started with one matter through a common acquaintance, a case of divorce by mutual consent, the easier of the divorce options available in the family courts of India. Three years down the line, this figure has reached a hundred plus. There has been an increase not just in first time divorces but also in multiple divorces. The common misconception that divorces are confined to young couples, unsure of their life choices no longer holds true. Couples having spent decades together are seeking separation too. There was this one case, where a couple together for 45 years, having grandchildren, opted to divorce through mutual consent. Divorce seems to have surpassed all barriers and is no more confined to a particular class, religion, sect, age and or region. Divorces are taking place anywhere from the first couple of weeks of marriage to decades of being married. Cause of divorce is not mere adultery or extra-marital relationships anymore; financial independence of pa...

In the case B.Sakunthala vs Vasantha decide on 7 September, 2016 the High Court of Madras has held that "the right over the property in the capacity as wife of the deceased husband, the remedy is only to file a Civil Suit for declaration of her rights and there cannot be a complaint under Domestic Violence Act". In this case the Petitioner had purchased a house owned by her father in which the Respondent who is the wife of the deceased brother of the Petitioner used to reside as a tenant. The Respondents' husband was working as Office Assistant, who died on 16.06.2003 and the Respondent herein has been receiving a sum of Rs.12,000/- as family pension. The father executed a sale deed in favour of the Petitioner through a registered sale deed dated 23.09.2015 for a sale consideration of Rs.12,40,000/-. The Petitioner demanded vacant possession of the property from the Respondent. Eviction proceeding has been initiated in H.R.C.O.P.No.5 of 2016, which is pen...