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Rajat Bansal ‘Money’ & Associates Law Firm, Lucknow (2026)

19/04/2026

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08/11/2020

Recently in a judgement, Hon'ble Karnataka High Court has granted divorce to a man on the grounds of cruelty by wife, who refused to stay with him, despite agreeing to the same in court.
According to the complainant, he & his wife got married in 2002, but six years later she left for her parents' home allegedly after a fight over his financial condition & never returned.
She also filed a petition demanding maintenance from her husband. The husband then filed a case for restitution of conjugal rights following which the wife agreed to get back to her husband & got the petition withdrawn.
But after the husband withdrew his petition in the court, she refused to join him.
In 2013 the husband filed for a divorce in which the woman opposed. Despite this, the family court had granted the divorce in 2014.

The woman later challenged the lower court order in the HC.
On Dec 11 the Hon'ble Karnataka High Coury upheld the divorce granted by the lower court & held that living away from your spouse amounts to cruelty & is a ground for divorce under Section 13 of the Hindu Marriage Act.
“The spouse doesn't care about the deserted one & ceases to live together renouncing his/her marital obligations & duties,” the court said.

The Hon'ble court noted that the wife's actions amount to desertion & cruelty & said that there could be no single formula to determine cruelty.
“Cruelty can also not be inferred by applying any formula because the said question is to be determined keeping in view the social status of the parties, their financial & other conditions, the atmosphere & the kind of employment or vocation which they carry out would all be important to infer whether on the given set of allegations it has become difficult for the plaintiff to live with the other side & the behaviour of such degree which amounts to the cruelty,” the Hon'ble High Court said in its judgement.
The Hon'ble Court also noted that despite promising to reunite with her estranged husband, for 6 years the woman did not make an effort to do so.

“From 2014-2019 she hasn't shown any interest in joining her husband. The conduct of the appellant-wife is clear that she has no desire to live with the husband till the date of filing of the petition which is a period more than the statutory period of two years,” the Hon'ble High Court said.

17/10/2020

*Women have right to stay at in-laws’ house: Hon'ble Supreme Court revises judgement on Domestic Violence Act*

In a big win for married women who are mistreated or tortured at their in-laws’, the Hon'ble court has observed that the wife would have the right to claim the “shared household” of the joint family under the Domestic Violence Act

The Hon'ble Supreme Court, on October 15, revised its previous ruling on the Domestic Violence Act and said that daughters-in-law have the right to stay at their in-laws' house. In effect, Indian women can now claim residential rights at her in-laws house both during and after domestic violence proceedings.
In a big win for married women who are mistreated or tortured at their in-laws, the top court has observed that the wife would have the right to claim the “shared household” of the joint family under the Domestic Violence Act.
Earlier, on August 12, the Hon'ble Supreme Court had ruled in favour of a daughter’s coparcenary rights in a joint Hindu family property. A three-judge bench of Justices Hon'ble Arun Mishra, Hon'ble S Nazeer, and Hon'ble MR Shah had said provisions contained in substituted Section 6 of the Hindu Succession Act, 1956, confer the status of coparcener on the daughter born before or after amendment in the same manner as a son with the same rights and liabilities.

What is a shared household? Shared household refers to property owned by a woman’s husband, or by the joint family of which the husband is a member. This does not include self-acquired property of any family member.
A three-judge SC bench headed by Hon'ble Justice Ashok Bhushan said as per the definition of 'shared household' in Section 2(s) of the Domestic Violence Act, a woman who has been subject to domestic violence has the legal right to the shared household of the family and also ancestral house of the mother-in-law.
The Hon'ble Supreme Court had held in its 2005 order that a wife would be entitled to a shared household only if the aggrieved person lives there or had lived in a domestic relationship in the past.
Notably, Section 17(1) of the Domestic violence Act states that every woman in a domestic relationship will have the legal right to reside in a shared household, regardless of her title or beneficial interest in it.

14/10/2020

The Hon'ble Supreme Court recently held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple.
The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.

"We are of the view that the period mentioned in section 13B(2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation," a bench comprising Hon'ble Justices A K Goel and U U Lalit said.
The Hon'ble Apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.
The top court also said that in conducting such proceedings, the trial court "can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice".
The court noted in its verdict that the object of the cooling off period was to safeguard against a "hurried decision" if there was otherwise a possibility of differences being reconciled.
"Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option," it said.
"In determining the question whether the provision is mandatory or directory, language alone is not always decisive. The court has to have the regard to the context, the subject matter and the object of the provision," it said.
The bench was dealing with a plea filed by an estranged couple which had sought waiver of the six month period on the ground that they have been living separately for the past eight years and there was no possibility of their re-union.

08/04/2020

Marriage often fails not because of the fault or guilty of any party to the marriage, but it fails for no fault of either. Married couple realises that they are finding difficult to pull on together, they have
tried hard to make the marriage a success, but all their efforts have failed. It is not that they are good people or bad persons. They are average human beings who have, somehow or the other, not been able to put on together. In such a case only alternative for them is to get out of the Matrimony and get divorce.
Indian Personal Laws and Divorce:
If we would have looked at the Indian matrimonial log, we find its trend spectacle of divorce laws.
The law of divorce for the Christians is still based on the English statute of 1857. The husband can get the divorce on the ground of wife adultery but wife cannot obtain divorce on the ground of husband adultery. It has to be plus- adultery; adultery with in**st, adultery with bigamy, adultery
with desertion, adultery with cruelty or change of religion with marriage, or r**e, So**my or be******ty of the husband.
The Parsi law has been amended recently, in 1988 and has been brought, almost, at par with the Special Marriage Act.
The Special Marriage Act 1954 as amended by the Marriage Laws (Amended Act, 1976) recognises eight Grounds based on guilt Theory on which either party may seek divorce and two additional Grounds on which wife alone may seek divorce like, r**e, so**my or be******ty of the husband, and after an order of maintenance passed under Section 18 of the Hindu Adoption and Maintenance act, 1956
(this is the case where parties are Hindus) or for an order for maintenance passed under section 125 of the code of criminal procedure, 1973 (this relates to all wives) cohabitation has not been resumed for 1 year or more; The eight fault Grounds on which either party can see divorce are like
adultery, desertion of at least two years respondent undergoing a sentence or imprisonment for seven years or more for an offence under the Indian Penal Code, cruelty, venereal disease in communicable form, leprosy (only if the disease was not contracted by the respondent from the
petitioner), incurable insanity or continuous or intermittent mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent, and
presumption of death (respondent not been heard of as alive for a period of seven years or more).
It is relevant to mention here that the special Marriage Act and the Hindu Marriage Act 1955, as amended by the act of 1976, provide for divorce by mutual consent. Requirements for the presentation of petition are parties have been living separate for one year or more, they have not been able to live together, and they have mutually agreed for the woods. The decree of divorce may be passed on the motion of the both the parties, made not earlier than six months and not later than
18 months after the date of the presentation of a petition, provided the court is satisfied, particularly, as to the fact that consent has not been obtained by force, fraud or undue influence.

07/04/2020

ARBITRATION & CONCILIATION
The aim behind the Arbitration and Conciliation Act is to facilitate not only equitable justice but more importantly speedy and effective resolution, which in turn would make India a favourable destination for positive international business Investments. To a large extent the said act has made arbitration process cost-effective, speedy, with minimum Court intervention.
The 1996 Act was enacted to define law relating to conciliation and for matters connected therewith or incidental
thereto and it consolidated and amended the law relating to domestic arbitration, International commercial arbitration and enforcement of foreign arbitral awards. At its core, arbitration is a form of dispute resolution, the private, judicial determination of dispute, by an independent third party.
An arbitration hearing may involve the use of an individual arbitrator or a Tribunal. Arbitration is an alternative to court action, to obtain a fair resolution of disputes by an impartial third party without unnecessary expense or delay, where party should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest.
In this scenario, constant efforts are being made to make arbitration law more user friendly thereby giving impetus to this statute by introducing amendments to provide clarity and effectiveness in the
wake of certain decisions.
It has been noted that though arbitral institution have been working in India, but they have not been preferred by parties, preferred ad-hoc arbitration or arbitral institution located abroad.
In order to make India a robust Centre for institutional arbitration both domestic and international, the Central Government constituted a high level committee under the chairmanship of Justice B. N. Srikrishna, former judge of Hon’ble Supreme Court of India. The said committee suggested ways to strength
institutional arbitration in the country, by recommending establishment of an independent body for grading of arbitral Institutions and accreditation of arbitrators etc..
With a view to make India a hub of institutional arbitration for both domestic and international arbitration, certain important amendments to the institute have been notified with effect from 30
August 2019.
Arbitration has a multitude of advantages over Court action like choice of decision maker, efficiency as compared to court proceedings to be heard, privacy as arbitration hearings are confidential,
private meetings in which the media and the members of the public are not able to attend.
Convenience is also an important aspect, as hearings are arranged at times and places to suit the parties, arbitrators and witnesses. There is flexibility in terms of procedures which can be segmented, streamlined for simplified, according to the circumstances.

04/04/2020

Maintenance:
Obligation of a husband to maintain his wife arises out of the status of the marriage. Right to maintenance forms a part of the personal law. Under the code of criminal procedure, 1973, right of maintenance extends not only to the wife and dependent children, but also to
indigent parents and the divorced wife claim of the wife, etc.. however, depends on the husband having sufficient means.
Inclusion of the right of maintenance under the code of criminal procedure has the great advantage of making the automatic speed and cheap. However, divorce wives who have received money payable under the customary personal law not entitled to maintenance claims under the code of criminal procedure.
Under Hindu law, the wife has an absolute right to claim maintenance from her husband. But she loses her right if she deviates from the path of chastity. Right to maintenance is codified in the Hindu Adoption and Maintenance act, 1956. In assessing the amount of maintenance, the court takes into account various factors like position and liabilities of the husband. It also judges whether the wife is justified in living apart from husband to stop justifiable reasons are spelt out the act. Maintenance pendente lite and even expenses of a matrimonial suit will be Borne by either, husband or wife, if the other spouse has not independent income for his or her support. The same principle will govern payment of permanent maintenance.
Under the Muslim law, the Muslim women (Protection of Rights on Divorce) Act, 1986
protects rights of Muslim women who have been divorced by or have obtained divorce from their husband and provides for matters connected therewith or incidental thereto.
Where divorced women has children, the magistrate should order children to make payment in to her, and in the event of any such children being unable to pay such maintenance, the magistrate shall order relatives of such divorced woman to pay maintenance to her. In the absence of such relatives or where such relatives are not in a position to maintain her, the magistrate may direct State Wakf Board established under section 13 of the Wakf Act, 1995
functioning in the area in which the woman resides, pay such maintenance as determined by him.
Maintenance is a right to get necessity which are reasonable from another has been held in various cases that maintenance includes not only food cloth and residence but also the things necessary for the comfort and status in which the person in title is reasonably
expected to live. Right to maintenance is not a Transferable right. Maintenance, in other words, is right to livelihood when one is incapable of sustaining oneself.
Hindu law, one of the most ancient systems of law, recognises right of any dependent person including wife and children aged parents and widowed daughter or daughter in law to maintenance.
The relief of maintenance is considered and ancillary relief and is available only upon filing for the main relief the divorce, restitution of conjugal rights for judicial separation etc.
Further, under matrimonial law if the husband is ready to cohabit with the wife, generally, the claim of wife is defeated. However, the right of a married woman to reside separately and claim maintenance, even if she is not seeking divorce or any other Major matrimonial relief has been recognised in Hindu law alone. Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoption and Maintenance act, 1956. The Act envisages certain situations in which it may become impossible for wife to continue to reside and cohabit with the husband but she may not want to break the matrimonial to realise her claim, The Hindu wife must prove that one of the situations (in legal parlance ‘grounds’) as stated in the Act, exists.
A Christian women can claim maintenance from her spouse through criminal proceedings or civil proceedings. Interested parties may pursue both criminal and civil proceedings,
simultaneously, as there is no legal bar to it. In criminal proceedings the religion of the parties does not matter at all, and like in civil proceedings.
If a divorced Christian wife cannot support her in the post divorce period she need not worry as remedies in a store for here in law. Under section 37 of the Indian the Divorce Act 1869, she can apply for alimony / maintenance in a civil court or High Court and, husband will be liable to pay her alimony search some, as the court may order, till her lifetime. The Indian
Divorce Act 1869 which is only applicable to those person who practices the Christianity religion inter alia governs maintenance rights of a Christian wife.
The provisions are the same as those under the Parsi Law and the same considerations are applied in granting maintenance, both alimony pendente lite and permanent maintenance.

03/04/2020

Wife and Husband :

According to the Manu Smriti the wife is not just Patni but Dharampatni, partner in the performances of duties spiritual religious and other. Among the Hindus, there are many diagonal religious and spiritual sacrifices, rites and ceremonies which a man without wife cannot perform.
That is why wife is called dharampatni. She is Ardhangini, half of her husband. The concept of the unity of personality in Hindu law is at Higher plane, because a wife is not merely the source of earth and k**a but also of Dharm and Moksh. The Vedas have ordained that Dharma must be practiced
by men together with his wife.

According to the Vedas, marriage is a union of bones with bones, flesh with flesh and skin with skin, the husband and wife become as if they were one person.

According to Dharmshastra the husband is referred to by several designations he is known as Bharthari, because he is to support his wife, he is known as Pati, because he is to protect her.

Similarly, wife has several names. She is called Jaya because one’s own self is begotten on her. She is grahani, the lady of the house, Sachiva, wise counsellor, Sakhi, confidante, she is the dearest disciple
of her husband in his pursuits. She is grihalakshmi, samarajini and Ardhangini.

Thus, Hindus conceived their marriage as a sacramental union, as a holy Union, and not as a contract. For Hindu, marriage is mandatory so that he can discharge his devt to his ancestor -the debt of begetting offspring.
Marriage is also obligatory because without a wife a man cannot perform his religious and spiritual duties.

02/04/2020

Divorce by Mutual Consent Section 13 B:

1- Subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Lws Amendment Act 1976, on the ground that they have been living separately for a period of 1 year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

2- On the motion of both the parties made not earlier than six months after the date of the presentation on the petition referred to in subsection 1 and not later than 18 months after the said date, to the petition is not withdrawn in the meantime, The court shall, on being satisfied, after hearing the parties and after making such enquiry as it things fit, that marriage has been organised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

This section was introduced by the amending act of 1976. The special Marriage Act, 1954, contains a provision which is in Pari materia with this newly added section.

The requirements of the section are:

(i) There must be a petition jointly presented to the court by both the parties of the marriage.

(ii) The grounds for dissolution of the marriage by decree of divorce must clearly and categorically show:

(a) That the parties have been living separately for a period of one year or more for the presentation of the petition,
That they have not been able to live together and,

(b) That they have mutually agreed that the marriage should be dissolved.

By granting of the decree in a properly presented petition as above is not a matter of discretion with the code, but the court shall pass a decree subject to the provisions of the act and after following the procedure and in the manner prescribed by the sub section 2. These are;

(i) Both the parties must apply to the court not earlier than six months of the presentation of the petition and not later than 18 months after that date that the petition may be heard and decree resolving the marriage may be granted,

(ii) The Court Must give a hearing to the parties

(iii) The court may make such enquiry into the correctness of the grounds set out in subsection 1,

(iv) The court must there after the satisfied that the marriage of the parties had been solemnized after the act came into force in 1955 and that the averments in the petition are true.
When all the ingredients are proved, a decree of divorce cannot be refused. The period of separation of one year is mandatory and statuary conditions have to be added to. The section is not ultra virus the constitution on the ground of great hardship and inconvenience.

01/04/2020

Divorce
As per the sections and different decisions given by Hon’ble Supreme Court, it is stated that unless
allowed by the custom, divorce was not recognised by the general Hindu law as and admin stated by
courts in British India. Subject to the exemption relating to the right where it is recognised by
custom, divorce is entirely statuary. In case custom is needed for divorce, a petition under section 13
would not have been filed. When the material on record does not show the existence of a custom of
divorce on the basis of which the purported deed of divorce is entered into and custom has not even
been pleaded, divorce cannot be granted on the basis of custom. It is considered in all jurisdictions
that public policy, good morals and the interest of society require that the marriage relation should
be surrounded with every safeguard, and its severance allowed only in the manner and for the cause
specified by law. Marriage cannot be brought to an end by way of settlement, more so when custom
is neither pleaded nor proved. As stated, the tie can only be severed by the manner specified under
law.
Divorce is not favoured or encouraged, and is permitted only for Grave reasons. Moreover,
even when any ground laid down in the section exist, the court will not as a general rule entertain a
petition for divorce within one year of the marriage (section 14). That limitation of one year will
show that the intention of the Legislature was to provide for opportunities for mutual adjustment
and reconciliation.

Rajat Bansal ‘Money’ & Associates Law Firm

19/04/2026

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