THREADBrowse · 8 entries, read in order

Ending a marriage

Fault, breakdown, the waiting period, and what a spouse takes away when it is over.

01
Encyclopedia · Concept
Cruelty in Matrimonial Law
What conduct counts as cruelty for divorce: physical and mental cruelty, the standard of proof, and why no fixed definition is attempted.
Wanted
02
Encyclopedia · Doctrine
Irretrievable Breakdown of Marriage
Not a statutory ground of divorce, but one the Supreme Court applies under Article 142: when it does, and the factors it weighs.
Wanted
03
Review · Fault Line
The Six-Month Wait for Mutual Consent Divorce
Mandatory by the words of the section, directory by the Court’s reading; and who may waive it.
Wanted
04
Proposals · Lacuna
No Statutory Ground of Irretrievable Breakdown
Only the Supreme Court, under Article 142, can dissolve a dead marriage where one spouse refuses; no family court can.
Wanted
05
Proposals · Transplant
No-Fault Divorce
England removed the need to prove fault in 2020. What an Indian version would need to protect the weaker spouse.
Wanted
06
Encyclopedia · Test
Fixing the Amount of Maintenance
The criteria and the affidavit of assets that courts now require, and how overlapping orders are adjusted.
Wanted
07
Proposals · Lacuna
No Law on Matrimonial Property
On divorce a wife has maintenance but no share in assets built up during the marriage in her husband’s name.
Wanted
08
Proposals · Transplant
Community of Property between Spouses
Goa, France and South Africa treat assets acquired during marriage as jointly owned. Whether the rest of India should.
Wanted