Mental cruelty in divorce cases means conduct by one spouse that causes such mental pain, humiliation, emotional suffering or psychological injury that the other spouse cannot reasonably be expected to continue the marriage. Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, cruelty is a ground for divorce. Mental cruelty may include false criminal complaints,...
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Mental cruelty in divorce cases refers to conduct by one spouse that causes such mental pain, suffering, fear, humiliation, emotional distress or breakdown of trust that the other spouse cannot reasonably be expected to continue the matrimonial relationship. Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, cruelty is a ground for divorce. Mental cruelty...
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Monetary relief under Domestic Violence Act, 2005 is a financial remedy that may be granted by the Magistrate to meet expenses and losses suffered by an aggrieved woman and her child because of domestic violence. Under Section 20, monetary relief may include loss of earnings, medical expenses, loss caused by damage or removal of property,...
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Permanent alimony under Section 25 of the Hindu Marriage Act, 1955 is financial support granted by the matrimonial court at the time of passing a decree or at any time after the decree. It may be awarded as a lump-sum amount, monthly payment, or periodical payment, and may be granted to either spouse depending on...
Read MoreInterim Maintenance under Section 24 of the Hindu Marriage Act, 1955 allows either the wife or the husband to seek maintenance pendente lite and expenses of proceedings during the pendency of matrimonial litigation. The provision is gender-neutral. The court may grant interim maintenance where the applicant has no independent income sufficient for their support and...
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Rajnesh v. Neha, Criminal Appeal No. 730 of 2020, decided by the Supreme Court of India on 4 November 2020 and reported as (2021) 2 SCC 324, is a landmark judgment on maintenance in matrimonial disputes. The Supreme Court framed nationwide guidelines on financial disclosure, overlapping maintenance proceedings, interim maintenance, criteria for determining quantum, date...
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Father’s Rights in Child Custody A father can claim custody, visitation, shared parenting, school access, medical information and meaningful contact with his child in India. However, the father does not have an automatic right to custody merely because he is the natural guardian under personal law. Indian courts decide custody and visitation on the basis...
Read MoreIn India, child custody is decided not on the superiority of the mother, father, or any relative, but on the welfare and best interest of the child. Courts examine the child’s age, education, emotional security, health, stability, parental conduct, financial capacity, moral environment, and, where the child is mature enough, the child’s preference. The law...
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Yes. A husband can seek divorce in India on the ground of mental cruelty if false, reckless, scandalous or malicious allegations by the wife make it unreasonable for him to continue the matrimonial relationship. False allegations of adultery, dowry demand, domestic violence, illegitimacy, immoral conduct, criminal behaviour, or abusive complaints to employers, police authorities and...
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Summary A husband in India is not automatically liable to pay any amount demanded as maintenance or alimony merely because a matrimonial dispute has arisen. At the same time, he cannot defeat maintenance by emotional allegations, artificial poverty, inflated liabilities or concealment of income. Indian courts decide maintenance on the basis of need, capacity, income,...
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