Mutual consent divorce is a regulatory process for the dissolution of marriage where the court observes and confirms that the consent of both the parties is without any coercion, fraud, undue influence and force. The Apex Court has given a precedent for mutual consent divorce , by allowing the discretionary powers of the court to […]
When a marriage goes through a rough patch and there is no other option that can save it even after repeated mediation, counseling, and other interventions, then divorce becomes the only choice for many. With boundaries blurring and the world becoming a common stage, cross-border marriages have become common. Entering into matrimony might seem easier […]
Divorce is a sensitive issue and common opinions or rumors about Divorce laws could have a potential negative impact. This could lead to inaction, and wrong actions based on these presumed myths. As rightly said by Joseph Cambell, “Myths are public dreams, and dreams are private myths” At Divorcebylaw we battle these myths that are […]
Marriages are though “made in heaven”,the option of staying in an abusive marriage is not a norm anymore. Men and women have stopped continuing marriages that involve physical abuse at the hands of the spouse and other members of the family. So have the changing times women’s empowerment and feminism changed the statistics of domestic […]
It takes work to return to regular life after the decision to part ways with someone, as divorce is as much an emotional as a legal process. Changes in responsibilities are necessary due to practical, emotional, financial, parental, and legal issues. Financial stability may take years to get back to ease for individuals if post-divorce […]
Do you know why there are divorce cases in hype? Early marriage, changing societal norms, financial independence, arguments, disagreements inequality, and so on. The most affected in such situations are the children who look up to both parents for their holistic growth. Child custody comes into the limelight when parents fail to have an amicable […]
Did you know there has been an increase of about 350% in divorce rates in India in the last two decades? India is a nation that places significant emphasis on family values. But in short of that, divorce is a multifaceted matter, intertwining both legal and social dimensions. The recent media coverage has thrown light […]
Traditionally fathers were considered to be the sole guardians of the person and property of the child, when mothers did not have an independent legal status. When mothers started to have an independent legal existence, when divorce became possible they could have their residence. This led Mothers also claim the custody of their children, which […]
Divorce is a difficult phase for any couple and the complexity of child custody adds to the woes. Parents must ensure their conflicts don’t hamper their child’s physical, emotional and mental well-being. The gravity of the situation can be understood from a report in The Hindu, “Karnataka High Court initiates suo motu PIL to involve […]
According to a report in WION India accounts for only 1% of divorce cases. Irreconcilable differences, adultery, cruelty, financial irresponsibilities, and poor communication skills are some of the factors leading to an unsuccessful marriage. Though the above statistics may seem positive as compared to the rest of the world, there are subtle religious, cultural, and […]
The dissolution of marriage presents a complex legal landscape wherein the calculation of maintenance payments assumes paramount significance. Maintenance payments, commonly referred to as alimony or spousal support, are vital to guarantee financial equilibrium for individuals after a divorce. These payments bridge the financial disparities that may arise when one spouse possesses a higher income […]
Separation without divorce can be an emotionally tumultuous experience, especially when children are involved. During this challenging time, understanding the legal framework and implementing best practices becomes paramount for parents seeking to ensure the well-being and stability of their children. Child custody, which determines where and with whom the children will live, is a primary […]
Marital rape is an issue that has long been shrouded in silence and stigma, particularly in India. It refers to the non-consensual sexual acts perpetrated by a spouse within the confines of marriage. Despite its alarming prevalence and devastating consequences, marital rape continues to be a highly sensitive and under-addressed problem in the country. By […]
Marital rape (sexual assault), a form of sexual violence occurring within the institution of marriage, remains a highly contentious and complex issue. It involves non-consensual sexual acts perpetrated by a spouse, challenging the traditional notions of marriage, autonomy, and human rights. In the Indian legal system, the recognition and legal status of marital rape (sexual […]
In the realm of Indian law, a provision allows couples to live separately without obtaining a divorce. This legal arrangement recognizes the cultural and legal significance of marriage in India while accommodating the growing trend of couples opting for separation rather than seeking a formal divorce. Marriage holds immense cultural and legal significance in Indian […]
Bail, originating from the French term “bailer,” signifying delivery or granting, refers to the temporary release of an accused person from custody pending trial or other legal proceedings. Its fundamental purpose is to balance justice’s interests with individuals’ rights, ensuring a fair legal process. Although the Code of Criminal Procedure, 1973 does not explicitly define […]
Divorce is a legal process that allows married couples to dissolve their marriage and obtain the freedom from the bondage or marriage. In India, divorce can be obtained through mutual consent or through the process of contested proceedings, governed by various laws, including the Hindu Marriage Act 1955, Special Marriage Act 1954, The Divorce Act, […]
The dissolution of marriage is a complex legal process, and filing for divorce in India requires strict adherence to legal formalities and requirements. In the Indian legal system, divorce is the legal termination of a marriage, and it is essential to follow the legal procedures to obtain a divorce decree from the court. It is […]
Husband Neglected and Controlled by Wife – Emotional Cruelty Emotional cruelty in marriage is a serious issue that can cause great harm to the victim. Emotional neglect, in particular, can result in a lack of emotional connection and support, leading to a relationship breakdown. Emotional neglect in marriage is a distressing experience that nobody desires […]
Dissolving a marriage is an arduous undertaking that often elicits strong emotions, including anger, guilt, sadness, and loneliness. Although such feelings are a natural part of the process, they can cloud one’s judgment and result in costly errors that may have long-term financial and emotional ramifications. To help individuals navigate the complexities of divorce, we […]
Dissolving a marriage, mainly where offspring are involved, is an arduous and emotionally challenging process. Central to this ordeal is the issue of child custody. Historically, maternal caretakers have been preferred in child custody disputes. In recent years, however, paternal figures have increasingly been granted custody. This phenomenon has given rise to a burgeoning discourse […]
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