top of page
All Posts
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 c
3 min read


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.
1 min read
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
1 min read
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
1 min read
bottom of page
