Adv. Kailash Nevagi

Marriages in India are a serious affair. A number of religious rituals are performed as part of the marriage ceremony. This lends a sacred touch to a relationship. A religious marriage was especially important in ancient times when there was no support of law. A marriage gets social approval when it is witnessed by all the family friends and relatives. The legal dimension adds to the seriousness making the bond stronger in every way. The aim of a social, religious and legal marriage seems to be a sanction for physical marriage. Does a social, legal and religiously performed marriage give the necessary integrity to the relationship? How many people go beyond the concept of physical marriage and understand the need for an emotional and intellectual marriage? It is only after the marriage is consummated that couples realize that they fail to connect with each other emotionally and intellectually. One must understand that the real strengths of marriage are emotional a...

Usually people with a non-legal background consider the provisions under 498A of Indian Penal Code and under Domestic Violence Act synonymous to each other. Although both the provisions are meant to protect women against cruelty and harassment there are certain distinctions between the two.  Liability and Nature of Proceeding: The primary distinction between Section 498A IPC and Domestic Violence is the nature of liability attached to the provisions. Indian Penal code is a criminal law wherein the offender is reprimanded with punishment if proven guilty of committing offences enumerated within the code. Hence the acts committed under Section 498A amount to offences for which punishments are prescribed under the same section i.e. imprisonment up to 3 years and fine. The proceedings with respect to a complaint under 498A are criminal proceedings. As to the Domestic Violence Act, the proceedings under the same are quasi criminal in nature and not criminal proce...

Meaning Judicial Separation means a phase of a marriage where husband and wife are not obliged to stay together and the marriage has not been dissolved. It is based on the legal phrase “divorce  a mensa et thoro” means “from bed and board” as per law dictionary. Basically the term is used to denote the kind of a marriage where husband and wife are not free from the bonds of marriage, nevertheless the order of Judicial Separation granted by the court prohibits husband and the wife to cohabit together and insist that they must live separately. Distinction between Judicial Separation and Divorce Judicial separation is always treated to be as an alternative to divorce. The basic difference between Judicial Separation and divorce is that divorce brings the marriage to an end whereas judicial separation does not. The legal status of judicial separation is different from being divorced and married. In case of judicial separation the court orders for th...

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...