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A specialist division of Namahaa Legal
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HIGH-CONFLICT DIVORCE & MATRIMONIAL LAW
VISIT
INSIGHTS
The law, explained.
The cases that shaped it.
The patterns worth understanding.
Insights from DTN and Namahaa Legal - covering Indian matrimonial law, high-conflict case analysis, property and commercial matters and important judicial decisions. Written for people who want to understand their situation,
not just be advised on it.


A Woman’s Right to Stridhana
An authoritative analysis of Stridhana under Supreme Court jurisprudence, statutory protection, and criminal law, with practical safeguards for women governed by Hindu law.
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Status-Quo Bias
People tend to avoid change. Whether it’s deciding what to order at a restaurant or selecting a new approach towards a way of life, choosing something you are already familiar with is often the most tempting path. A status quo bias or default bias is a cognitive bias which results from a preference for the maintenance of one's existing state of affairs. The current baseline (or status quo) is taken as a reference point, and any change from that baseline is perceived as a lo


Sunk Cost Fallacy
The sunk cost fallacy is most dangerous when we have invested a lot of time, money, energy or love into something. This investment becomes a reason to carry on, even if we are dealing with a lost cause. The more we invest, the greater the sunk costs are, and the greater the urge to continue becomes. Relationships are not immune to the sunk cost fallacy, especially when one believes that having invested a lot of time, money, energy or love into the relationship, it would not b


Mental Cruelty in Marriage Explained: Supreme Court’s 14 Illustrative Examples from Samar Ghosh v. Jaya Ghosh Case (2007)
No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of ’mental cruelty’. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive. On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come withi


Cruelty in Marriage under the Hindu Marriage Act (1955): Meaning, Examples, and Judicial Approach
The Hindu Marriage Act, 1955 allows either the husband or wife to seek divorce on the ground of cruelty. Cruelty is broadly defined as any conduct that would cause reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the respondent. It can be physical or mental, intentional or unintentional, and is a subjective concept that varies in each case depending on the facts and circumstances. Concept of Cruelty: Cruelty is defined as co
Child Custody| Supreme Court| M. v. D. (2016)
This case was a landmark judgment related to the custody of children and the role of the father in child rearing. The Supreme Court ruled that the father has a fundamental right to seek custody of his children, even if the mother is the primary caregiver. This case shifted the traditional perception that mothers are always the preferred custodians and emphasized the importance of equal parenting.
Child Custody| Supreme Court| V. D. S. A. v. S. A. (2009)
This case dealt with the issue of child custody and the welfare of the child in divorce proceedings. The Supreme Court ruled that the paramount consideration in child custody matters is the best interest of the child, and that both parents must have an equal say in the upbringing of the child. The judgment reinforced the idea that the custody of children should not be solely determined by the legal rights of the parents but should prioritize the emotional and developmental ne
Maintenance and Alimony| Supreme Court| Rajnesh v. Neha (2020)
This recent case dealt with the issue of the quantum of maintenance in divorce proceedings. The Supreme Court provided detailed guidelines on how to determine the amount of maintenance payable to the wife after divorce. The judgment emphasized the need for transparency and clarity in determining maintenance and introduced a formula for calculating the maintenance based on the husband's income and the wife's needs. The case was significant in establishing a more standardized a
Maintenance and Alimony | Supreme Court| Vinny Parmvir Parmar v. Parmvir Parmar (2011)
In Vinny Parmvir Parmar v. Parmvir Parmar while dealing with the concept of permanent alimony, the Supreme Court has observed that while granting permanent alimony, the Court is required to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the
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